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And all penalties by this act imposed, for persuading or Manner of suprocuring any soldier to desert, may be sued for in any court of ing for penal. record ; any thing contained in the act passed in the first year sons inducing
ties against pera of king Geo. 1. c. 47, to the contrary thereof in anywise note soldiers to de withstanding. 8. 101.
sert. But no soch action shall be trought, or prosecution carried Limitation of on for the penalties aforesaid, unless cominenced within six actions. months. S. 103.
VIII. How maintained after their discharge.
By 43 Eliz, every parish is to be charged with a weekly sim towards the relief of sick, hurt, and maimed soldiers and mariners, as the justices in sessions shall appoint; so as no parish be rated above ten-pence, nor under two-pence weekly ; and so as the total sum in any county, where there shall be above fifty parishes, do not exceed sixpence for every parish.
The provisions of this statute, however, are not observed at the present day; for these persons are either provided for in the respective parishes to which they belong, as other poor and impotent persons are ; or they are placed on the establishment of the royal hospitals at Greenwich or Chelsea.
And in respect to those who enjoy an out pension from Chelsea Hospital, it is enacted by 28 Geo. 2. c. 1, that the justices of the peace shall take affidavits of their being alive or of the time of their deaths, half yearly without fee. $. 2.
IX. Privileged to set up trade. By divers acts of parliament soldiers and marines who have been employed in the king's service, and have not deserted, or their wives or children, may set up and exercise such trades as they are apt for in any town or place in Great Britain, except Orford and Camtridge, without molestation ; and if any person is sued thereupon, and the plaintiff is nonsnited, or the like, such person shall have double costs. See these acts under the lille SETTLEMENTS AND REMOVALS; head, Removal of the poor. Sec. I.
X. Pensions, allowances, and relief granted to soldiers.
By 46 Geo. 3. c. 69, the payment of all pensions, allowances, to be under and relief granted to disabled, invalid, or discharged soldiers, the manageshall be under the management of the commissioners for the ment of the
commissioners time being of Chelsea hospital. $. 1.
of Chelsen hosWhich commissioners or any three of them, may make such piral, orders, and from time to time alter the same, in relation to the who may make payment of any pensions, allowances, or relief, and also as to orders and re
gulations for any certiticates, vouchers, receipts, or orders for the better ma.
the payment of pensions, &c.
naging such payments, and to require such proofs and affidavits relating thereto, as may be requisite for the ordering and securing the payment of such pensions, allowances, and relief
, either at Chelsea or at Kilmainham hospitals, or in any other place where the same shall be payable to the persons entitled thereto
, but every such order may be revoked or altered by any war rant, order, or instruction, under his majesty's siga manual
S. 2. Soldiers entit
Every soldier who shall become entitled to his discharge, by led to receive reason of the expiration of any period of service fixed in an such pensions regulations made by his majesty or shall have been discharge as shall be fix- by reason of being an invalid, or disabled, or having bee ed at their inlistment,
wounded, shall thereupon become entitled to receive such pe sion, allowance, or relief, as shall have been fixed in any of ders made by his majesty and in force at the time of his inlis ment, and for the payment whereof money shall have been vota by parliament: and every such soldier may claim to be paid receive the same under the provisions of this act, or any rul
made in pursuance thereof by such commissioners. s. 3. Orriers and re But all orders and regulations made by his majesty in re gulatius to be tion to the discharge of soldiers after the expiration of a annually laid before parlia
periods of service, and also in relation to any pension, allo ment.
ance, or relief to any discharged or invalid, disabled, or wolin ed soldiers, shall annually be laid before parliament; and mates of the amount of all such pensions, allowances, and lief, and of all contingent expences relating to the payme and management thereof, shall also be annually laid before par
ment. Soldiers to re And every soldier inlisted shall thenceforth remain enti main entitled to all the benefit of all the provisions contained in all such on to the benefits and regulations as were in force at the time of his inlisti time of inlist-notwithstanding such regulations may be thereafter altered, ing.
annulled. s. 5. Treasury may
And it shall be lawful for the lords commissioners of the ti order pensions sury to order that any pensions, allowances, and relief so to be paid by for the payment whereof money shall have been voted, ,receiver general
parliament, shall be paid by any receiver general of the ut land tax, &c.
tax, or collector of the cess in Scotland, or any collecto duties of customs or excise, or any collector of the duties der the management of the commissioners for the affairs of ta out of any public money in their hands, and that the vouc and receipts for the payınents of such money shall be take cash in the accounts, and in part of the duties collected such receivers general of collectors, and all such sums so vanced shall be repaid to the account of the duties out of w the same shall have been paid in such manner as the comm
oners of the treasury shall direct. s. 6. Assignments of And all assignments, bargains, sales, orders, contracts, ag pessurs vuid. ments, or securities whatsoever, given or made by any per
entitled to any such pension, allowance or relief shall be a lutely null and void. s. 7.
to any ny.
And if any person shall willingly and knowingly personate or Personating falsely assume the name or character of, or procure any other persons entitled person to personate or falsely to assume the name or character to pensions, of any other person entiiled or supposed to be entitled to any declared felosuch pension, allowance, or relief in order to receive the same, such person shall be guilty of felony, without benefit of clergy, 8. 8.
And isany person shall knowingly and willully forge,counterfeit, Forsing the or cause or procure to be forged or counterfeited, or knowing- pames, or tho ly and wilfully act or assist in forging and counterfeiting the names of pere name or hand writing of any person entitled to any such pen- sons required to
sign certifsion, allowance, or relief, or of any person required by any
"y person required by any cates, &c. relarules or regulations made under this act to siga any certificate, tive to the payToucher, or receipt, in relation to the payment of any such ment of pena pension, allowance, or relief, for and in order to the receiving sions, punished or obtaining any money on any such pension, allowance, or transp relief; or shall utter any such, knowing the same to be forged or counterfeited, with an intention to defraud any person whatsoever, such person shall be guilty of felony and transported for life, or such term of years as the court shall adjudge. 8. 9.
And it shall be lawful for any justice of the peace or ma. Justices, &c. to gistrate,' or any receiver general of the land tax, collector of enquire into the customs, or collector of the excise, to inquire into the truth their
'certificates reof any certificate or voucher required by any such regulations, quired to be and produced to him by any person claiming any pension, al- produced by lowance, or relief by the oath or affirmation of the person pro. persons claimducing the same, which oath or affirmation any such justice of ing pen
the peace, or magistrate or receiver general, or collector' afore.
certificates to shall be free from all duties of stamps. $. 11.
be free from the
duty on stamp. FORM OF CONVICTION UNDER THE MUTINY ACT.
When persons are convicted of offences by which they become liable to pecuniary penalties under the mutiny act the fol. lowing shall be the form of conviction. s. 116.
M:9... 1 Be it remembered, that on the
in the quid county, did (Here set forth the fact in the manner describe
od in the statute) ; whereupon the said GH, after being duly summoned to answer the said charge, appeared before us the said justices on the day of wat
in the said county, and having heard the charge contained in the said information, declared that he was not guilty of the said offence, but the same being fully proved upon the oath of I K, a credi. ble uitness, it manifcstly appears to us the said justices, that the said GH is guilty of the said offence charged upon him in the said information. It is therefore considered and adjudged by 14s the said justices, that he the said G H be convicted, and we do hereby convict him of the offence aforesaid ; and we do hereby declare and adjudge, that the said G H hath forfeited the sum of of lawful money of Great Britain, for the offence aforesaid, to be distributed as the law directi, accord. ing to the statute in that case made and provided. --Given, &c.
Note; Soldiers are to remove during the time of eles.
tion of members of parliament.-For this see Stat.
8 Geo. 2. c. 30, under title PARLIAMENT. For the penalty inflicted on officers and soldiers destroy.
ing the game, without leave from the lord of the manor, see sec. 69, of the mutiny act, under title GAME, head Qualification. For the punishment of soldiers convicted of profane
cursing or swearing, see title SWEARING.
For the old law respecting vagrant soldiers, see tide
FELONY without clergy, head Vagrants.
Respecting the stamp duty on the probates of soldiers
wills, or their letters of administration, see administra. tion under title STAMPS.
Solicitors. See ATTORNIES.
IT was cnacted by 28 Geo, 3. c. 57, that if the driver of any coach, chaise, or other carriage of the like sort, travelling for hire, shall permit more than six persons, at the same time, to ride upon the roof, or more than two persons besides the driver on the box, such driver convicted either by his own consession, the view of a justice, or by the oath of one wit. ness, before any justice for the county or place where such ofience shall be committed, shall, for every person so riding as an outside passenger over the number before mentioned, forfeit forty shillings; and in case the driver shall also be the owner cí such coach, then 41. and in default of payment of the said penalties, the person offunding shall be committed to the com. mon gaol for one month. s. 1.
And that if the driver of any coach travelling with a greater number of persons on the top or bux thereof than is allowed by this act, cannot be found or known, or being fuund or knowo, shall not attend in pursuance of any summons served upon him requiring his appearance before a justice upon a complaint laid against him of any offence committed against this act, then the owner of the coach shall be liable to the penalty laid upon the driver. $.2.
And it was further enacted by 30 Geo. 3. c. 36, t'iai is the driver of any coach, chaise, or other carriage of the like sort drawn by three or more horses, and travelling for hire, shall permit more than one person on the coach-box besides himself,
and four persops on the roof;' and if drawn by less than three horses, more than one person on the coach-box, and three persons on the roof, except the driver of carriages drawn by less than three horses which shall not travel a greater distance than twenty-five miles from the post-office in London, and who shall not carry more than one person on the coach-box, and four persons on the roof at the same timo), to be conveyed in any such carriage, such driver shall pay to the collector of the tolls, at every turnpike gate through which such carriage shall pass, five shillings for each person above the number limited,' which such collector is authorised to demand, and receive; and if such passengers, beyond the number limited, shali b. set down, or laken up, whereby the payment of the five shillings may be evaded, then the driver being convicted, either by his own con. Tession, the view of a justice, or the oath of one witnes , before any justice for the county or place where ylch offence shall be committed, shall, for such offence, be comınitted to the common faol, for not exceeding one month, nor less than fourteen days, at the discretion of the justice. s. 1.
And that the said five shillings for each passenger beyond the number allowed, shall be recovered in like manner as the turni. pike tolls are by the act for repairing such road authorised to le collected. 8,2.