LAWS. 1825. c. 5, § 101. procuring substitutes for the same, to the great detriment of the service; be it therefore further enacted, that all persons whomsoever 6 Geo. 4, who shall after the passing of this act advertise, post, or disperse or caused to be advertised, posted, or dispersed, bills for the purpose of procuring recruits or substitutes, or shall open or keep any houses or place of rendezvous purporting in any manner whatever to be connected with the recruiting service or department, for the line, embodied militia, or East-India Company, or shall interfere or be concerned directly or indirectly in any manner or way therewith (except such recruiting parties as may be stationed under the command and direction of the respective field officers of districts, without the express permission in writing of the adjutant-general, if for the line, or embodied militia, or of the Court of Directors if for the Honourable East-India Company's service), or shall receive any person or persons as aforesaid at his house or office, under any such bill or advertisement on any pretence whatever, shall forfeit the sum of twenty pounds for every such offence; to be recovered on conviction before a magistrate, one moiety to the informer, and the other to the poor of the parish where such information shall be laid; and on default of payment thereof shall be committed to the common gaol or other public prison, at the discretion of the magistrate, for any period not exceeding three months, and not less than one month, for each and every such offence. SCHEDULE (x). Oath of Allegiance. I, being enlisted to serve either in his Majesty's troops or in the forces of the East-India Company, according as his Majesty shall think fit, do swear, that I will bear true allegiance to our sovereign lord King George, and that I will, as in my duty bound, defend him in his person, crown, and dignity, against all his enemies; and that so long as I shall remain in his Majesty's service, I will duly observe and obey his Majesty's orders, and the orders of the generals and officers set over me by his Majesty; and that if his Majesty shall please to appoint me to serve in the forces of the United Company of Merchants of England trading to the East-Indies, then I swear that I will also be true to the said United Company, and will duly observe and obey all their orders, and the orders of their generals and officers who shall be lawfully set over me. one of his Majesty's justices of the -, aged SCHEDULE To wit.-1, (F). peace of certify, that years, feet inches high, complexion, one thousand eight hundred and acknowledged that he had voluntarily en listed himself for the bounty of to serve either in his Majesty's army or in the forces of the East-India Company, according as his Majesty shall think fit to order. And I further certify, certify, that in my presence the third and fourth articles of the second I, on being attested. LAWS. 1825. 6 Geo. 4, c. 5, SCHEDULE (8). being enlisted to serve in the [infantry or artillery, SCHEDULE (a). as the case may be] of the East-India Company, do swear, that I will bear true allegiance to our sovereign lord King George, and that I will, as in duty bound, defend him in his person, crown, and dignity, against all his enemies; and I swear that I will also be true to the said United Company, and will duly observe and obey all their orders, and the orders of their generals and officers who shall be lawfully set over me. I, do make oath, that I am (or have been, as the case may be) [state occupation if any, or state if of none], and to the best of my knowledge and belief was born in [state county, parish, or place, &c.], and that I am of the age of years, and that I do not belong to the militia, or to any regiment in his Majesty's service, or to his Majesty's navy or marines; and that I will serve the United Company of Merchants of England trading to the EastIndies, until I shall be duly and legally discharged [or if the recruit enlists for limited service, then leave out the words scored under, and insert] for the period of twelve years [if the person enlisting is of the age of eighteen years or upwards, but if under eighteen years, then the difference between his age and eighteen to be added to such twelve years, as the case may be, and such period to be inserted instead of twelve years], provided the said United Company should so long require my service. I, one of his Majesty's justices of the peace of inches high, before me at years old, eyes, day of feet hair, came and stated himself to be of the age of be filled up by the magistrate either until discharged or for years, as SCHEDULE (H). SCHEDULE (1). 1825. c. 5, SCHEDULE (1). LAWS. in the preceding form of enlistment]; and I do hereby certify, that in my presence the third and fourth articles of the second section, the 6 Geo. 4, first article of the sixth section of the articles of war against mutiny and desertion, and the notice contained in the schedule marked D.D. annexed to the act for punishing mutiny and desertion were read over to him, and he took the oath of fidelity mentioned in the act of the fiftieth year of his late Majesty King George the Third, and also the oath above set forth; and that he received the sum on being attested, and that I have given to the a duplicate of this certificate signed with my of said name. MILITARY STORES AND FIRE-ARMS. It is not lawful for any person to export military stores to any place on the continent of Asia between the river Indus and the town of Malacca, or in any island under the government of the East-India Company situate to the north of the equator, save only the Company, or such parties as shall obtain their special leave or license for that purpose. All applications for such permission are to be made to the Court of Directors. This enactment was repeated in the 4th Geo. IV, cap. 80, consolidating the laws with respect to the trade from and to places within the Company's limits; the latter act alone is given. In July 1813, an act was passed to ensure the proper and careful manufacturing of fire-arms in England, and for making provision for proving the barrels of such fire-arms, but exempting from such proof any barrels used in the manufacturing of any musquet, pistol, or other fire-arms for the use of the East-India Company. This act was amended in 1815, by the 55th Geo. III, cap. 59. It may be observed that all ordnance and fire-arms provided for the Company's service undergoes the most severe and effective proof, LAWS. Military stores not to be carried (1) Provided also, and be it further enacted, that it shall not be lawful for any person or persons to carry without a special any military stores to any place upon the continent of license. 1823. Asia, between the river Indus and the town of Malacca on the penin- LAWS. sula of Malacca inclusive, or to the said Company's factory of Bencoolen, in the island of Sumatra, or its dependencies, save only the 4 Geo. 4, said United Company, or such as shall obtain their special leave and license in writing, or a special leave and license in writing under their authority for that purpose. Fire-Arms. Not to extend Not to extend to arms made for his Majesty or the East-India Company, or certain barrels specified. c. 80, § 5. 1813. 53 Geo. 3, c. 115, § 3. 1815. c. 59. § 5. (3) Provided always, and be it further declared and enacted, that nothing in this act contained shall extend 55 Geo. 3, or be construed to extend to that part of the United Kingdom called Scotland, or to that part of the United Kingdom called Ireland (except as to the forging marks as in this act after-mentioned), or to the proving of any barrels used in the manufacturing of any musket, pistol, or other fire-arms, for the use of his Majesty's forces, or for the Honourable East-India Company, or to any barrels of the description hereinafter mentioned, videlicet, any barrels in the forged ground, finished or in any other state of manufacture, which shall be made or consist of stub or twisted stub iron, or other barrels usually termed best barrels (which said last-mentioned barrels may be and are hereby allowed to be sent, bought, or received for the purposes aforesaid, in any number not exceeding the number of twenty, without being subject to any of the penalties of the said recited act or this act, except that such barrels shall be liable to the penalty for using barrels not duly proved and marked); and nothing in this act contained is to exempt or be construed to exempt such last-mentioned barrels from being proved and marked, as required by the said recited act and this act. MISDEMEANORS AND OFFENCES, AND EXAMINATION OF WITNESSES IN INDIA IN CIVIL LAWS. 1773. 13 Geo. 3, In addition to the Court of Commissioners, constituted by the act of the 24th Geo. III, cap. 25, and the 26th Geo. III, cap. 57,* and to the several enactments declaring the liabilities of parties to punishment who may be concerned in illicit trade, or be found residing in India without license, or who may have been unlawfully engaged in loans of money to native princes, there are other provisions which point out the mode of procedure for the trial of offences committed in India by the Court of King's Bench, either at the instance of his Majesty's attorney-general or of the East-India Company; likewise for the issue of a mandamus for the examination of witnesses, &c. in India. The enactments generally connected with the subject are noticed under this head; those contained in other parts of this work are given merely in the abstract; the remainder are stated at full length. LAWS. (1) Breach of public trust, or embezzlement of public money, c. 66, subject to fine and imprisonment.-(Vide Servants, Civil and Military, p. 630.) $ 33. 1813. 53 Geo. 3, c.155, §116. § 117. $ 118. $119. Counterfeiting Coin. (2) Counterfeiting current coin punishable with transportation. (3) Uttering counterfeit coins punishable :-first offence with six months' imprisonment; second with two years; third with transportation for life. (4) Certificate of former conviction in the courts, sufficient proof of such conviction. (5) Having in possession more than five pieces of counterfeit coin, without lawful excuse, punishable by fine, or three months' imprisonment. (Vide Coin, p. 153.) * Vide Courts of Judicature, page 257. Counterfeiting |