against the offender, who shall be tried at the next or next succeeding General or Quarter Sessions of the county, division, or place, unless the Court shall on just cause put off the trial; and the production of the indenture, with the certificate of the Justices that the same was proved, shall be sufficient evidence of the said indenture; and every such offender in Scotland may be tried by the Judge Ordinary in the county or stewartry, in such and the like manner as any person may be tried in Scotland for any offence not inferring a capital punishment; and any Justice not required as aforesaid to commit such apprentice may deliver him to his master: Provided always, that every apprentice who shall enlist into the Royal Marines during the period of his apprenticeship shall be deemed guilty of a misdemeanor, and upon conviction be liable to the same punishment as offenders convicted of obtaining money under false pretences are liable to; and every such apprentice shall, after the expiration of his apprenticeship, whether he shall have been prosecuted or not, be liable to serve in His Majesty's Royal Marine Forces; and if on the expiration of his apprenticeship he shall not deliver himself up to some officer authorized to receive recruits, he may be apprehended as a deserter from His Majesty's Marine Forces.

XXXVII. Offences connected with Enlistment.—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 some 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 as aforesaid, such recruit shall be deemed to be enlisted and a private in His Majesty's Royal Marine Forces, 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 the 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 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 the Secretary of the Admiralty, in order that, in the event of such recruit being afterwards apprehended and reported as a deserter, the fact 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 it shall be lawful for any two Justices before whom any recruit shall be brought, and who shall be proved, upon oath before them, to have wilfully concealed his having been a marine or soldier and discharged, or to have concealed his having been discharged on any prior enlistment, or to have wilfully concealed any infirmity upon being attested, or designedly made any false representation, 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 on 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 thereby 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, 7 & 8 Geo. 4. c. 29, intituled An Act for consolidating and amending the Laws in England 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 having been 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, baving been enrolled to serve in the Militia, and who at the time of offering to enlist into the Marines shall deny that he is a militia man, or shall deny to the Justice before whom he shall be attested that he belongs to the Militia, shall, on conviction thereof before any one Justice in the United Kingdom, either upon the oath of one witness or upon his own confession, or upon the production of the attestation and the before-mentioned declaration of such person, certified by the Secretary of the Admiralty, be committed to the common gaol or house of correction, there to remain without bail or mainprize for and during any time not exceeding six calendar months, over and above any penalty or punishment to which such person so offending may be otherwise liable.

XXXVIII. Yearly Servants enlisting.-That it shall be lawful for the Justice before whom any recruit (being a hired servant) shall be attested, before the expiration of the term of service for which he shall have been hired, to adjudge to such recruit a reasonable proportion of his wages for the time he shall have actually served, to be forthwith paid by the master, upon whom the said Justice shall make an order accordingly, and if the same be not paid within four days shall enforce the payment thereof by the same means as pecuniary penalties may under this Act be recovered before a Justice.

XXXIX. Officers offending as to enlistment to be cashiered.

XL. Claims of Masters to Apprentices.-That no master shall be entitled to claim an apprentice who shall enlist as a marine in His Majesty's service, unless such master shall, within one calendar month next after such apprentice shall have left his service, go before some Justice, and take and subscribe the oath mentioned in the Schedule to this Act annexed, and at the time of making his claim produce to the officer under whose command the recruit shall be the certificate of such Justice of his having taken such oath, which certificate such Justice is required to give in the form in the Schedule to this Act annexed; nor unless such apprentice shall have been bound, if in England, for the full term of seven years, (not having been above the age of fourteen when so bound,) and unless such contract or indenture so duly executed shall, within three months after the commencement of the apprenticeship and before the period of enlistment, have been produced to a Justice of the Peace of the county wherein the parties reside, and there shall have been indorsed thereon by such Justice a certificate or declaration signed

by him, specifying the date when and the person by whom such contract or indenture shall have been so produced, which certificate or declaration such Justice of the Peace is hereby required to indorse and sign; nor unless any such apprentice shall, when claimed by such master, be under twenty-one years of age; provided that any master of an apprentice indentured for the sea service shall be entitled to claim and recover him in the form and manner above directed, notwithstanding such apprentice may have been bound for a less term than as aforesaid; and any such master, who shall give up the indentures of apprenticeship within one month after the enlisting of such apprentice, shall be entitled to receive, to his own use, so much of the bounty payable to such recruit, after deducting therefrom two guineas to provide him with necessaries, as shall not have been paid to such recruit before notice given of his being an apprentice.

XLI. Musters, and Penalty on false Musters.

Any person, who shall fraudulently offer or procure himself to be falsely mustered, or lend or furnish any horse to be falsely mustered, shall, upon proof thereof by the oaths of two witnesses before some Justice of the Peace residing near to the place where such muster shall be made, forfeit the sum of 201., and the informer, if he belong to His Majesty's service, shall, if he demand it, be forthwith discharged; and if any person not belonging to His Majesty's service shall give or sign any untrue certificate of illness or otherwise, in order to excuse any officer or marine from appearance at any muster, or whereby His Majesty's service may be defrauded, every person so offending shall for every such offence forfeit the sum of 201.

XLII. That all muster rolls and pay lists of Royal Marines required to be verified upon oath shall be sworn before and attested by any Justice of the Peace, without fee or reward to himself or his clerk.

XLIII. Furloughs.-That when there shall not be any officer of His Majesty's land or marine forces of the rank of captain or of a superior rank, or any adjutant of Militia, within convenient distance of the place where any non-commissioned officer or marine 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 immediately certify such extension, and the cause thereof, to the commanding officer of the division or detachment to which the man belo gs, if known, and if not, then to the Secretary of the Admiralty, in order that the necessary allowance of pay and subsistence may be remitted to the marine, who shall not during the period of such extension of furlough be liable to be treated as a deserter.

XLIV. Marching money on discharge.

XLV. Billeting. That during the continuance of this Act, upon the order in writing under the hand of the Lord High Admiral, or the hands of two or more Commissioners of Admiralty, all constables and other persons specified in this Act, are hereby required to billet the officers and marines whether marching or otherwise, and also all staff and field officers' horses, and all bât and baggage horses belonging to the Royal Marine Forces, when on actual service, (not exceeding for each officer the number for which forage is allowed by His Majesty's regulations,) in victualling houses and other houses specified in this Act, taking care in Ireland not to billet less than two men in any one house; and they shall be received by the occupiers of such houses, and be furnished with proper accommodation in such houses, and in England with diet and small beer, and with stables, hay, and straw for such horses as aforesaid, paying and allowing for the same the several rates hereinafter provided; and at no times when marines are on a march shall any of them be billeted above one mile from the place mentioned in the route; and in all places where marines shall be billeted in pursuance of this Act, the officers and their horses shall be billeted in one and the same house, except in case of necessity; and the constables are hereby required to billet all marines on their march in a just and equal proportion upon the keepers of all houses within one mile of the place mentioned in the route, although some of such houses may be in the adjoining county, in like manner in every respect as if such houses were therein locally situate Provided always, that nothing herein contained shall be construed to extend to authorize any constable to billet marines out of the county to which such constable belongs, when the constable of the adjoining county shall be present, and undertake to billet the due proportion of men in such adjoining county; and no more billets shall at any time be ordered than there are effective marines and horses present to be billeted; all which billets, when made out by such constables, shall be delivered into the hands of the commanding officer present; and if any person shall find himself aggrieved by having an undue proportion of marines billeted in his house, and shall prefer his complaint, if against a constable or other person not being a Justice, to one or more Justices, and if against a Justice, then to two or more Justices, within whose jurisdiction such marines are billeted, such Justices respectively shall have power to order such of the marines to be removed and to be billeted upon other persons, as they shall see cause; and when any horses belonging to the officers of His Majesty's Royal Marine Forces shall be billeted upon the occupiers of houses who shall have no stables, then, upon a written requisition of the officer commanding such marines, the constable is hereby required to billet the horses upon some other person having stables by this Act liable to have officers and marines billeted upon them, and any two or more Justices of the Peace may order a proper allowance to be paid by the persons relieved to the persons receiving such horses, or to be applied in the furnishing the requisite accommodation; and the commanding officer may exchange any man or horse billeted in any place with another man or horse billetted in the same place, for the convenience or benefit of the service, provided the number of men and horses do not exceed the number at that time billeted on such houses; and the constables are hereby required to billet such men and horses so exchanged accordingly; and it shall be lawful for any Justice, at the request of any officer or non-commissioned officer commanding any marines requiring billets, to extend any route, or enlarge the district within which billets shall be required, in such manner as shall appear to be most convenient to His Majesty's service: Provided always, that, to prevent or punish all abuses in billeting marines, it shall be lawful for any Justice, within his jurisdiction, by warrant or order under his hand, to require any constable to give him an account in writing of the number of officers and marines who shall be quartered by such constable, together with the names of the persons upon whom such officers and marines are billeted, stating the street or place where such persons dwell, and the signs, if any, belonging to their houses; and it shall be lawful to billet officers and marines in Scotland according to the provisions of the laws in force in Scotland at the time of its union with England; and no officer shall be obliged to pay for his lodging where he shall be regularly billeted, except in the suburbs of Edinburgh: Provided always, that no Justice, g an officer of Royal Marines, shall directly or indirectly be concerned in billeting or appointing quarters under this Act.

XLVI. Allowance to Innkeepers.-That the innholder or other person on whom any marine is billeted in England shall, if required by such marine, furnish him for every day on the march, and for a period not exceeding two days when halted at any intermediate place upon the march, and for the day of arrival at the place of final destination, with one hot meal in each day, the meal to consist of such quantities of diet and small beer as may be fixed by His Majesty's regulations, not exceeding one pound and a quarter of meat previous to being dressed, one pound of bread, one pound of potatoes or other vegetables, and two pints of small beer, and vinegar, salt, and pepper, and for such meal the innholder, or other person furnishing the same, shall be paid the sum of ten pence; and all innholders, and other persons on whom marines may be billeted in England, (except on the march, when they are entitled to be furnished with the hot meal as aforesaid,) shall furnish such marines with candles, vinegar, and salt, and shall allow them the use of fire and the necessary utensils for dressing and eating their meat, and shall be paid in consideration thereof the sum of a halfpenny per diem for each marine; and the sum to be paid the innholder or other person on whom any of the horses belonging to His Majesty's Royal Marine Forces shall be billeted, in England, for bay and straw, shall be tenpence per diem for each horse; and every officer to whom it belongs to receive or who shall actually receive the pay and subsistence of the said men shall every four days, or before they shall quit their quarters, if they shall not remain so long as four days, settle the just demands of all victuallers or other persons on whom such men are billeted, out of their pay and subsistence, before any part of the said pay or subsistence be distributed to them respectively; and if any such officer shall not pay the same, then upon complaint, and oath made thereof by any two witnesses, at the next quarter sessions for the county or city where such quarters are situate, the Secretary of the Admiralty is hereby required, upon certificate of the Justices before whom such oath shall be made of the sum due to the complainant, to order payment of the amount, which shall be charged against such officer; and in case of any marines being suddenly ordered to march, and of the commanding officer not being enabled to make immediate payment of the sums due on account of the billets, every such officer shall before his departure make up the account with every person upon whom any such marines may have been billeted, and sign a certificate thereof; which account and certificate, on being transmitted to the Secretary of the Admiralty, shall be immediately paid, and charged to the officer's account.

XLVII. Baggage Carriage. That for the regular provision of carriages for the Royal Marine Forces and their baggage, on their marches in England and Ireland, all Justices within their several jurisdictions, being duly required thereunto by order of the said Lord High Admiral, or two Commissioners of Admiralty, shall, on the production of such order to them, or any one or more of them, by the officer or non-commissioned officer of the party of marines so ordered to march, issue a warrant to any constable having authority to act in any place from, through, near, or to which such marines shall be ordered to march, (for each of which warrants a fee of 1s. only shall be paid,) requiring him to provide the carriages, horses, oxen, and drivers therein mentioned, (allowing sufficient time to do the same,) specifying the places from and to which the said carriages shall travel, and the number of miles between the places, for which number only so specified payment shall be demanded, and which number of miles shall not, except in cases of pressing emergency, exceed the day's march prescribed in the order of route, and shall in no case exceed twenty-five miles; and the constables receiving such warrants shall order such persons as they shall think proper, having carriages, to furnish the requisite supply, who are hereby required to furnish the same accordingly; and in case sufficient carriages cannot be procured within the proper jurisdiction, any Justice of the next adjoining jurisdiction shall, by a like course of proceeding, supply the deficiency; and in order that the burthen of providing carriages may fall equally, and to prevent inconvenience arising from there being no Justice residing near the place where marines may be quartered on the march, the Justice or Justices residing nearest to such place shall cause a list to be made out, at least once in every year, of all persons liable to furnish such carriages, and of the number and description of their said carriages, (which lists shall at all seasonable hours be open to the inspection of the said persons,) and may by warrant under his band authorize the constables within his jurisdiction to give orders to provide carriages, without any special wariant for that purpose, which orders shall be valid in all respects; and all orders for such carriages shall be made from such lists in regular rotation, so far as the same can be done.

XLVIII. Rates for Carriages.-That the rates to be paid for carriages impressed shall be, in England, for every mile which a waggon with four or more horses, or a wain with six oxen or four oxen and two horses, shall travel, 1s. ; and for every mile any waggon with narrow wheels, or any cart with four horses, carrying not less than fifteen hundred weight, shall travel, 9d.; and for every mile every other cart or carriage with less than four horses, and not carrying fifteen hundred weight, shall travel, 6d.; such further rates may be added, not exceeding a total additional sum per mile of 4d., 3d., or 2d., to the respective rates of 1s., 9d., and 6d., as may seem reasonable to the Justices assembled at general sessions in England, for their respective districts; and the order of such Justices at sessious shall specify the average price of hay and oats at the nearest market town at the time of fixing such additional rates, and the period for which the order shall be enforced not exceeding ten days beyond the next general sessions; (and no such order shall be valid unless a copy thereof, signed by the presiding Magistrate and one other Justice, shall be transmitted to the Secretary of the Admiralty within three days after the making thereof;) and also in England, when the day's march shall exceed fifteen miles, the Justice granting his warrant may fix a further reasonable compensation, 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 noncommissioned 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: Provided also, that no carriage shall be liable to carry more than thirty hundred weight in England: Provided also, that a cart with one or more horses, for which the furnisher shall receive 9d. a mile, shall be required to carry fifteen hundred weight at 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. Exemption from Tolls.-That all officers and marines, being in proper uniform, dress or undress, and their horses, an all carriages and horses when employed in conveying persons or baggage under the provisions of this Act, or returning there VOL. X. STAT.

from, 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.

1. Offending against the Laws relating to Billets and Carriages.-That 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 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 5. nor less than 40s.

LI. Officers of Marines so offending.-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 anything 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 of any officer or marine in any house, against the consent of the occupier, he shall for any of the said offences, upon being convicted 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 carrriage to take up any marine or servant (except such as are sick) or any woman to ride therein, except in cases of emergency 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 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 51. nor less than 40s.

LII. Purchasing Clothes, &c. from any Marine.-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 107., together with treble the value of all or any of 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 hereinbefore 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. Penalty on Officers killing Game.--And for the better preservation of the game and fish in or near such place where any officers shall at any time be quartered, 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 51.

LIV. Parish Apprentices.-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. Marine's Settlement. That any Justice in the United Kingdom, within whose jurisdiction any marine having a wife, child, or children shall be quartered, may summon such marine before him, 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 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.

LVI. Administration of Oaths, Perjury.-That all oaths which are authorized or required by this Act may be administered (unless where otherwise provided) by any Justice of the Peace or Magistrate acting as such; and that any person giving false evidence or taking a false 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. Licences of Canteens.-That it shall be lawful for any two Justices of the Peace, within their respective jurisdictions, to 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 with any department or other authority under the said Lord High Admiral, or Commissioners of Admiralty, 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. Limitation of Actions.-That if any action shall be brought against any member or minister of a court-martial to be assembled under the authority of this Act, in respect of the proceedings or the sentence thereof, or against any other person for anything 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 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. Recovery of Penalties.-That all offences for which any penalties and forfeitures are by this Act imposed, not exceeding 201, 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, 3 Geo. 4. c. 23, (to facilitate summary proceedings before Justices of the Peace and others); and by another Act, 5 Geo. 4. c. 18, (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, anything 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 201., 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. Appropriation of Penalties.-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 and applied in such manner as the Lord High Admiral or Commissioners of Admiralty shall direct; and every Justice who shall adjudge any penalty under this Act shall, within four days thereafter at the furthest, report the same and his adjudication thereof to the Secretary of the Admiralty.

LXI. Definition of Terms.-That all clauses and provisions in this Act relating to England shall be construed to extend to Wales and the town of Berwick-upon-Tweed; and all clauses and provisions relating to marines shall be construed to include non-commissioned officers and drummers, unless when otherwise provided; and all clauses and provisions relating to Justices shall be construed to extend to all Magistrates authorized to act as such in their respective jurisdictions; and all the powers given to and regulations made for the conduct of constables, and all penalties and forfeitures for any neglect thereof, shall extend to all tithingmen, headboroughs, and such like officers, and high constables and other chief officers and Magistrates of cities, towns, villages, and places in England and Ireland, who shall act in the execution of this Act; and all provisions for billeting marines in victualling houses shall extend and apply to all inns, livery stables, ale-houses, and to the houses of sellers of wine by retail, whether British or foreign, to be drank in their own houses or places thereunto belonging, and to all houses of persons selling brandy, strong waters, cider, or metheglia, by retail, in England and Ireland : Provided always, that no officer or marine shall be billeted in England in any private houses, or in any canteen held or occupied under the authority of the Ordnance or Marine Department, or upon persons who keep taverns only, being vintners of the city of London, admitted to their freedom of that company in right of patrimony or apprenticeship, notwithstanding such persons who keep such taverns only have taken out victualling licences, nor in the house of any distiller kept for distilling brandy and strong waters, nor in the house of any shopkeeper whose principal dealing shall be more in other goods and merchandize than in brandy and strong waters, so as such distillers and shopkeepers do not permit tippling in such houses, nor in the house of residence in any part of the United Kingdom of any foreign Consul, duly credited as such.