Sivut kuvina
PDF
ePub

Petty Constable, by threatening or menacing Words, to provide Saddle Horses for themselves or Servants, or shall force Horses from the Owners, by themselves, Servants, or Private Men; every such Officer for every such Offence shall forfeit the Sum of Five Pounds; Proof thereof being made upon Oath before Two of His Majesty's Justices of the Peace for the same County or Riding, who are to certify the same to the proper Paymaster of His Majesty's Royal Marine Forces, who is hereby required to pay the aforesaid Sum of Five Pounds, according to Order and Appointment under the Hands and Seals of the Justices of the Peace, and is also hereby empowered to deduct the same out of such Officer's Pay.

XLV. And be it further enacted, That the Sums to be paid into Rates of Carthe Hands of such Constable or Petty Constable in England, riage. Wales, and Berwick-upon-Tweed, shall be according to the following Rates; that is to say, The Sum of One Shilling for every Mile any Waggon with Four or more Horses, or any Wain with Six Oxen, or Four Oxen with Two Horses, shall travel; and the Suni of Nine Pence for every Mile any Cart with Four Horses, or carrying not less than Fifteen Hundred Weight, shall travel; and the Sum of Sixpence for every Mile any Waggon with narrow Wheels, or any Cart or other Carriage with less than Four Horses, and not carrying Fifteen Hundred Weight, shall travel; or any further Sum not exceeding Four Pence for every Mile any Waggon with Four or more Horses, or any Wain with Six Oxen, or with Four Oxen and Two Horses, shall travel; and not exceeding Three Pence for every Mile any Cart with Four Horses, or carrying not less than Fifteen Hundred Weight, shall travel; and not exceeding Two Pence for every Mile any Cart or other Carriage with less than Four Horses, and not carrying Fifteen Hundred Weight, shall travel; such further Sum of Four Pence, Three Pence, or Two Pence respectively, or such Proportion of those Rates as may be deemed fair and reasonable, to be fixed and ordered by the Justices of the Peace for any County or District, assembled at any General Sessions of the Peace for such County or District, the said Justices having regard to the Price of Hay and Oats, and specifying in their Order the Average Price thereof at the nearest Market Town at the Time of fixing such additional Rates: Provided always, that in Cases where the Day's March shall exceed Fifteen Miles, such further Compensation shall be made and paid in like Manner to the Owners of the said Carriages, for the Excess beyond the said Fifteen Miles, as shall be deemed reasonable by the Magistrates who granted the Warrant for impressing them, not exceeding the usual Rate and Hire of such Carriages: Provided always, that every Order of the Justices assembled at any General Sessions of the Peace, fixing a further Sum to be paid for the Hire of Carriages as aforesaid, in addition to the customary Rates of One Shilling and Nine Pence and Sixpence per Mile respectively, shall specify the Period for which the same shall be in Force, and which shall not in any Case exceed Ten Days beyond the General Sessions of the Peace for such County or District next ensuing the Date of such Order; and a Copy of every such Order, signed by the Chairman or presiding Magistrate and One other Justice of the Peace or Magis

trate

For providing Carriages at Places distant from the Residence of any Justice of the Peace.

trate at the Quarter Sessions at which the same shall be made, shall within Three Days after the making thereof be transmitted to the Secretary of the Admiralty; and no such Order shall be valid or effectual unless a Copy thereof be so signed and transmitted as aforesaid: Provided also, that in every Case of any further Sum being allowed as aforesaid for the Hire of any Carriage, the Justice of the Peace granting or signing such Warrant shall insert in his own Hand the Amount of such further Sum for each Description of Carriage, as so authorized by the Justices at the Quarter Sessions as aforesaid, and the Date of the Order of the said Justices; and such Warrant shall be given to the Officer or Noncommissioned Officer commanding the Regiment, Corps, Company, Detachment, or Party requiring such Carriages, as his Voucher for the Payment of such further Sum; and no further Sum shall be demanded but such as shall be so inserted by the Justice in the Warrant.

'XLVI. And Whereas great Inconvenience often arises from there being no Justice of the Peace or Magistrate residing near to Places specified in Routes at which Royal Marines are to halt and be billetted and quartered on the March, to issue Warrants for providing of Carriages;' For Remedy whereof be it enacted, That it shall be lawful for any Constable, Tithingman, or Headborough, duly authorized for that Purpose by Warrant under the Hand and Seal of any Justice or Justices of the Peace residing nearest to such Place or Places, to make and give Orders for the providing of Carriages for the Baggage of Royal Marines on March, and to appoint Persons having Carriages within their respective Liberties or Jurisdictions to provide and furnish such Carriages, without having any special or particular Warrant for that Purpose; and all such Orders and Appointments shall be and be deemed to be as valid and effectual in all Respects and to all Intents and Purposes as if the same had been made and given by the Justice or Justices of the Peace having such Authority: Provided always, that every such Justice of the Peace shall, at the Time of giving such Warrant and Authority, and thereafter once in each Year, or oftener if necessary, cause a List or Lists to be made out of all Persons liable to furnish such Carriages under such Warrant, and of the Number and Description of Carriages from in Rota- belonging respectively to the Persons so liable to be required to furnish Carriages for Baggage or for Troops on the March; and such Lists shall, at all seasonable Hours, be open to the Inspection of all Persons whose Names shall be inserted therein; and all Orders and Appointments for such Carriages shall be made and taken from such Lists in regular Rotation as far as the same can be done, so as that the providing such Carriages shall be equally distributed among the several Persons liable to furnish the same under the Provisions of this Act.

Lists to be made out of Persons liable to furnish Carriages, and all Orders to be made there

tion.

Penalty on Constables, &c. for Neglect.

XLVII. And be it enacted, That if any High Constable or Petty Constable shall wilfully neglect or refuse to execute any such Warrant of the said Justice or Justices of the Peace as shall be directed unto such Constable or Petty Constable, for providing Carriages as aforesaid; or shall demand or receive for the Use of the Owners furnishing such Waggons, Wains, Carts, or Carriages, more than the accustomed Rates per Mile, of One Shilling, Nine

Pence

Pence, or Sixpence, according to the Size of the respective Carriages as aforesaid, unless any further Sums, not exceeding the Amount hereinbefore specified, shall have been previously fixed and ordered by the Justices at any General Sessions of the Peace assembled as aforesaid; or if any Person or Persons appointed by such Constable or Petty Constable, to provide and furnish any Carriage and Man, shall refuse or neglect to provide the same; or any other Person or Persons whatsoever shall wilfully do any Act or Thing whereby the Execution of any such Warrant or Warrants shall be hindered or frustrated, every such Constable, or other Person or Persons so offending, shall for every such Offence forfeit any Sum not exceeding Five Pounds, nor less than Forty Shillings, to the Use of the Poor of such Parish or Parishes adjoining to the Parish where any such Offence shall be committed, as shall be fixed upon by the Justice or Justices by whom such Offence shall be inquired of, heard, and determined; and all and every such Offence and Offences shall be inquired of, heard, and fully determined by Two of His Majesty's Justices of the Peace dwelling in or near the Place where such Offence shall be committed, who have hereby Power to cause the said Penalty to be levied by Distress and Šale of the Offender's Goods and Chattels, rendering the Overplus (if any) to the Owner.

XLVIII. And Whereas in consequence of certain Exemptions 'from Tolls expressly allowed by several Acts for His Majesty's Forces on their March or on Duty, and for the Horses and 'Carriages attending them, Doubts have arisen whether in all 'Cases not so exempted the Officers and Marines, and the Carriages and Horses, Boats, Barges, and other Vessels belonging to His Majesty, or employed in His Service, and returning therefrom, may not be charged with the Payment of Tolls;' Therefore, for obviating such Doubts, it is hereby enacted and declared, That all His Majesty's Officers and Marines, being in proper Uniform, and their Horses, on Duty or on their March, and all Carriages and Horses belonging to His Majesty, or employed in His Service, and returning therefrom, and also all Boats, Barges, and other Vessels, belonging to His Majesty, or employed in His Service, when conveying the Officers, Marines, Servants, Women, Children, or other Persons of or belonging to His Majesty's Royal Marine Forces, or the Arms, Clothes, Accoutrements, Tents, Baggage, and other Equipage of or belonging to His Majesty's Royal Marine Forces on their March, or returning therefrom, were and are and shall be exempted from Payment of any Duties and Tolls otherwise demandable by virtue of any Act already made or hereafter to be made for Persons, Horses, Carriages, or Vessels passing Turnpike Roads, Bridges, Rivers, Canals, or Locks, unless by such Act it has been or shall be expressly provided that the said Officers, Royal Marines, Carriages, Horses, and Vessels are and shall be liable equally with others to the Duties and Tolls therein authorized to be demanded and taken.

[ocr errors]

XLIX. And Whereas the respective Sums of Money by this 'Act appointed to be paid to the Constables, by the Officers. demanding such Carriages, may not in many Cases be sufficient to answer the Charge and Expence of providing the same, 7 & 8 GEO. IV. whereby

H

6

[blocks in formation]

Treasurer of the County to repay the Con

stable's extraordinary Charge.

The Money for that Purpose how to be raised.

No Waggon, &c. liable to carry above 20 Cwt.

Carriages in

Scotland how

6

whereby the said Constables may be frequently at great Charges, over and above what is received by them of the said Officers, to the great Burthen of the Townships in which they are respectively Constables, or else the Persons furnishing such Carriages may be grievously oppressed;' To prevent which, and that such Overplus Charge may be borne by each County or Riding at the general Charge of such County or Riding, be it further enacted, That the Treasurer or Treasurers of each respective County or Riding shall, without Fee or Reward, pay unto such Constable all and every such reasonable Sum or Sums of Money so by him paid or laid out for such Carriages, over and above what was or ought to have been paid by the Marine Officer requiring such Carriages, out of the Public Stock of such County or Riding, according to such Rates, Orders, Rules, and Directions as the said Justices of the Peace in their Quarter Sessions assembled, within their respective Jurisdictions, shall from time to time, during the Continuance of this Act, make, direct, and appoint (which Orders shall be made without Fee or Reward); Regard being always had to the Season of the Year, and the Length and Condition of the Roads through which such Carriages are to travel.

L. And in case the said Public Stock of the County or Riding be not sufficient (over and above the other Purposes for which it was raised) to satisfy the extraordinary Charge of Carriages before mentioned, it is hereby further enacted, That the said Justices of the Peace in the General Quarter Sessions shall have Power from time to time to raise Money upon the respective Counties or Ridings, in such Manner as they now raise Monies for building or repairing County Gaols and Bridges, to satisfy the said extraordinary Charges of Carriages.

LI. Provided always, and be it further enacted, That no Waggon, Wain, Cart, or Carriage impressed by Authority of this Act shall be liable or obliged by virtue of this Act to carry above Twenty Hundred Weight; any Thing in this Act contained to the contrary notwithstanding.

LII. And be it further enacted, That the Carriages for the Service of the Royal Marine Forces quartered or marched in Scotto be provided. land shall be provided in like Manner and at the Rates, and the Furnisher of such Carriages shall be paid as was directed by the Laws in Force in Scotland at the Time of the Union, with regard to furnishing Carriages for Land Forces: Provided always, that a Cart with One or more Horses, for which the Furnisher shall demand or receive Nine Pence per Mile, shall be required to carry Fifteen Hundred Weight at the least.

Carts to carry 15 Cwt. at 9d. per Mile.

Carriages in

Ireland how to be provided.

Marines'

Wives, &c. not

LIII. And be it further enacted, That the Carriages for the Service of the Royal Marine Forces from time to time quartered or marching in Ireland shall be provided in like Manner, at the Rates, and the Furnisher of such Carriages shall be paid as was directed by the Laws in force in Ireland at the Time of its Union with Great Britain.

LIV. And be it further enacted, That if any Officer, Military or Civil, by this Act authorized to quarter Soldiers in any to be quartered Houses hereby appointed for that Purpose, shall, at any Time during the Continuance of this Act, quarter any of the Wives,

without Consent.

Children,

Children, Men or Maid Servants, of any Officer or Marine in any
such Houses against the Consent of the Owners, the Party offend-
ing, if an Officer of the Royal Marines, shall, upon Complaint
and Proof thereof made to the Commissioners for executing the
Office of Lord High Admiral, or Judge Advocate, be ipso facto
cashiered; and if a Constable, Tithingman, or other Civil Officer, Penalty.
he shall forfeit to the Party aggrieved Twenty Shillings, upon
Complaint and Proof thereof made to the next Justice of the
Peace; to be levied by Warrant of such Justice, by Distress
and Sale of his Goods, rendering the Overplus to the Party,
after deducting reasonable Charges in taking the same.

LV. And for the better Preservation of the Game and Fish in Penalty on or near such Place where any Officers shall at any Time be quar- Officers tered, be it enacted, That if from and after the said Twenty destroying Game, &c. fourth Day of March One thousand eight hundred and twenty seven, any Officer shall, without Leave first had and obtained from the Person or Persons entitled to grant such Leave, take, kill, or destroy any Hare, Pheasant, Partridge, or any other Sort of Game, or any Fish within the Kingdom of Great Britain and Ireland, and upon Complaint thereof shall be, upon Oath of One or more credible Witness or Witnesses, convicted before any Justice or Justices of the Peace, who is and are hereby empowered and authorized to hear and determine the same; (that is to say,) every Officer so offending shall, for every such Offence, forfeit the Sum of Five Pounds, to be distributed among the Poor of the Place where such Offence shall be committed.

LVI. And Whereas several Marines, who being duly entered, 'may afterwards desert, and be found wandering, or otherwise ⚫ absenting themselves illegally from His Majesty's Service;' It is hereby further enacted, That it shall and may be lawful to and for the Constable, Headborough, or Tithingman of the Town or Place where any Person who may reasonably be suspected to be such a Deserter shall be found, or if no such Constable, Headborough, or Tithingman can be immediately met with, then for any Marine Officer or Marine to apprehend or cause such suspected Person to be apprehended, and to bring or cause him to be brought before any Justice of the Peace living in or near such Town or Place, who is hereby empowered and required to examine such suspected Person; and if, by his Confession, or the Testimony of One or more Witness or Witnesses upon Oath, or by Knowledge of such Justice of the Peace, it shall appear or be found that such suspected Person is a Marine duly entered and ought to be with the Company to which he belongs, whether such Company shall be employed on board any of His Majesty's Ships or Vessels, or quartered on Shore, or employed on board any Transport Ship, or Merchant Ship or Vessel, or any Ship or Vessel of His Majesty not being in Commission, or any Convict Hulk or Ship, such Justice of the Peace shall, without Fee or Reward to himself or Clerk, forthwith cause him to be conveyed to the Gaol of the County or Place where he shall be found, or to the House of Correction or other public Prison in such Town or Place where such Deserter shall be apprehended, and transmit an Account thereof to the Secretary of the Admiralty for the Time being, with

H 2

Constables, &c. may apprehend Deserters, and

carry them before a Justice,

and transmit an
Account to the
Secretary of the
Admiralty, &c.

« EdellinenJatka »