PART IV.

THE LEGISLATION, STATISTICS, PUBLIC IMPROVEMENTS, AND
CHRONICLE OF 1829.

XXIX. ABSTRACT OF IMPORTANT PUBLIC ACTS

PASSED IN THE LAST SESSION OF PARLIAMENT.

[10 Geo. IV.-1829.]

CATHOLIC ASSOCIATION.

[10 Geo. IV. c. 1.-Passed 5th March, 1829.]

This is an act for the suppression of dangerous associations or assemblies in Ireland, particularly with reference to the Catholic Association; to be perpetual so far as relates to the said Association, and the residue in force for one year from the time of its enactment, and until the end of the then next Session of Parliament.

MARINE MUTINY ACT.

[10 Geo. IV. c. 5.-Passed 23d March, 1829.]

This is an act for the regulating of his Majesty's Royal Marine forces while on shore.

MUTINY ACT.

[10 Geo. IV. c. 6.-Passed 23d March, 1829.]

An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters.

This act differs from the last Mutiny Act, 9 Geo. IV. c. 4, principally in the simplicity of its arrangement, by which it has been very considerably shortened; the former act consisting of 163 sections, and the present of only 77. The following (with a few exceptions of no general importance) are the alterations which have been made in the provisions of the former act.

By sect. 1.-The numbers of forces are reduced from 91,075 to 89,723. 9. The powers of District and Garrison Courts-Martial are greatly enlarged; it being enacted, "that a District or Garrison Court-Martial shall consist of not less than nine commissioned officers, and may try offences and sentence any non-commissioned officer or soldier to imprisonment, solitary or otherwise, and with or without hard labour, in any public prison or other place appointed by such court, and also to corporal punishment (not extending to life or limb), and to forfeiture of all advantage as to additional pay or to pension on discharge, in addition to any other punishment, for desertion-for purloining or selling government stores-for stealing from a comrade or military officer-for producing false or fraudulent accounts or returns, whereby increased expense has been or would be brought upon the public-for embezzlement or misapplication of

money intrusted to him, for which offences such soldier may further be put under stoppages, till the same be made good, or for such disgraceful conduct as shall induce such offender to be discharged, as unfit for the service, from vice or misconduct, he having been once previously convicted of disgraceful conduct by a court-martial; and any District or Garrison Court-Martial may deprive a soldier of the allowance in lieu of beer, or of additional pay, for any period not exceeding two years, for habitual drunkenness; provided, that in all the foregoing cases the sentences shall be confirmed by the general officer, governor, or senior officer in command of the district, garrison, island, or colony, except in cases of mutiny, when the sentence may be confirmed and carried into execution on the spot by the officer in the immediate command of the troops: and the president of every court-martial, other than a General Court-Martial, not being under the rank of captain, shall be appointed by the officer convening such court-martial; provided, that such court-martial shall not have power to pass any sentence of death or transportation."

21. The reward for apprehending a deserter is increased from 20s. to any sum not exceeding 40s.

33. The justice by whom any person having hastily enlisted, and being desirous of being discharged, shall be discharged, is to give a certificate thereof signed with his hand, to the recruit, specifying the cause thereof.

By the last act, the penalties "for giving or procuring to be given any false certificate whereby to excuse any soldier for his absence from any muster, &c.;""for making any false muster, and receiving money for mustering, and for knowingly mustering any one by a wrong name," were different. But now the penalty is the same; viz. the offender, upon proof by two witnesses before a General Court-Martial, to be cashiered and disabled from holding any civil or military employment.

And, the penalties by the last act, for "offering falsely to be mustered," for " willingly lending any horse to a trooper mustered, if the lender's, and if not the lender's," were different; but now the penalty for all is the same; viz. 201.

55. The act establishes certain rates to be paid for carriages belonging to the troops, and adds a new provision, that "no penalties in any act relating to highways shall apply to the number of horses or oxen, or weight of loading, of the aforesaid carriages, which shall not on that account be stopped or detained."

61. The penalty on constables, &c. is the same for all offences against the act; viz. any sum not above 5l. nor less than 40s.

62. The same provision is made with regard to military officers.

73. "All penalties not exceeding 201. over and above any forfeiture of value or treble value shall be recovered under the provisions of 3 Geo. IV. c. 23, and 5 Geo. IV. c. 18, which acts shall be used in Scotland for the recovery of such penalties as fully as if they had extended thereto; and all penalties 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."

74. A moiety of some penalties by the last act were given to the poor, but now "one moiety of every penalty shall go to the informer, and the other shall be paid to the General Agent for the Recruiting Service, to be at the disposal of the Secretary at War; and every justice who shall adjuge any penalty, shall within four days, at the farthest, report the same to the Secretary at War."

The following provisions in the last act are omitted in the present :57. "Innkeepers in Ireland, billetting soldiers, were to furnish eighteen pounds of hay, and six pounds of straw each horse per night, where hay and straw shall not be supplied by contract."

101. "The service of every soldier as to reckoning years of service for estimating any increase of pay or pension, was to commence from the quarter-day antecedent to the day of enlisting. No soldier to receive any pay for any period preceding the day of his actual enlisting."