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the faid Premifes confifts principally of Meadow or Pafture Land and Garden Ground, there being only a fmall Portion thereof 'covered with Buildings: And whereas by an Act of Parliament paffed in the Thirty third Year of the Reign of His prefent Ma. 32 G. 3. c.78. jefty, intituled, An Act to enable His Royal Highness George Prince

of Wales to make Leafes, Copies and Grants of Offices, Lands und Hereditaments, Parcel of His faid Royal Highness's Duchy of Cornwall, or annexed to the fame; and for the other Purposes therein mentioned; His faid Royal Highnefs, in addition to the ordinary Powers thereby vested in His faid Royal Highnefs, of making Leafes and Grants for the Term of Thirty one Years, or for Terms of Years determinable upon Three Lives, is further empowered to make Leafes and Grants of any Lands, Tenements or Hereditaments, Parcel of the Poffeffions of the faid Duchy of Cornwall, or annexed to the fame, for any Term of Years not exceeding the Term of Ninety nine Years, exprefsly for the Purpofe of improving the fame, by erecting fubftantial Buildings thereon, or for the Purpofe of im'proving Waste Lands by Cultivation or otherwife; provided that upon all fuch Leafes or Grants fo to be made for Terms ex'ceeding Thirty one Years, or exceeding the ufual Term determinable upon Three Lives, improved Annual Ground Rents fhould be referved, payable to His faid Royal Highnefs, or to fuch as fhould have the Inheritance or other Eltate of the faid Duchy; and that in all fuch Cafes no Fine or other Confideration fhould be taken by His faid Royal Highnefs, further or other than the improved Annual Ground Rents fo directed to be reserved as aforefaid: And 'whereas the faid before recited Provifion against the taking of Fines in all Cafes of Leafes or Grants to be made by His faid Royal Highnefs for Terms exceeding Thirty one Years, or exceeding the 'ufual Term determinable upon Three Lives, was not intended to 'deprive His Royal Highnefs of the accuftomed Benefit of Fines to 'be received, in the ordinary Courfe of granting Renewals in like Manner as fuch Fines might now be received by His faid Royal Highness, in respect to the said Premises called Prince's Meadows, by confining the future Leafes or Grants thereof to fuch Terms of Years as, with the exifting Terms therein, would not exceed the ordinary Period of Thirty one Years, but which Period is of a Duration too limited to afford fufficient Encouragement for the erecting of any fubftantial Buildings, whilft the continuing fo to 'grant the faid Premifes for fhort Terms of Years will not only have the Effect of excluding them from the Improvement whereof they are from Situation fufceptible, but may at the fame time 'occafion the faid Premifes to remain an Interruption to any general Plan for the Improvement of the Neighbourhood, which at prefent 'ftands fo much in Need thereof: And whereas it would not be advifeable, under the Circumstances before mentioned, to make any 'immediate Leafes or Grants of the faid Premifes called Prince's 'Meadows, for fuch Term only as, with the exiting Term or Terms therein, would fill up the fame to the ordinary Period of Thirty one years, more efpecially as the faid Premifes could not be made to produce, under a Leafe or Leafes to be granted for fuch limited Term of Years, a greater Income than the Sum of Four thoufand two hundred Pounds Yearly, clear of all Ont-goings, whilst 'under a Leafe or Leafes to be granted for extending the Term to • Ninety

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Ninety nine Years abfolute, the Ground might be covered with refpectable Houses, and the clear Income to be derived therefrom be increafed to Five thoufand Pounds yearly: But forafmuch as His faid Royal Highnefs, by granting Building Leafes for fuch ⚫ an extended Term of Years, would be deprived of the Benefit of fuch Fine or Fines as may rightfully belong to His faid Royal Highness, and could be readily obtained by making Reverfionary Grants of the faid Premifes for filling up the prefent Terms therein to Thirty one Years:' Be it therefore enacted by the King's most Excellent Majefty, by and with the Advice and Confent of the Lorde Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and Wales empower after the paffing of this Act, it shall and may be lawful for His faid Royal Highnefs, and His faid Royal Highnefs is hereby authorized and empowered to make Leafes and Grants, or to contract and agree for Himfelf, His Heirs and Succeffors, to make Leafes and Grants, of all or any Part or Parcel of the faid Premifes, with the Appurtenances, called Prince's Meadows, to any Perfon or Perfons whomsoever, for fuch Term or Terms of Years as, with the Term or Terms in being, under any exifting Leafe or Leafes, fhall not altogether exceed the Term of Ninety nine Years from the Date of any fuch Leafes or Grants, or from the Date of any Contracts or Agreements to be made as aforefaid, at and under fuch improved Yearly Rent or Rents, (in addition to the Yearly Rent or Rents now referved as aforefaid,) to commence and become payable to His faid Royal Highness, His Heirs and Succeffors, from and after the Expiration of Thirty one Years from the Date of any fuch Leafes or Grants, Contracts or Agreements refpectively, as fhall not, in the whole Amount of fuch Rent or Rents, be less than the clear Sum of Five thousand Pounds yearly; and that in all Cafes of fuch extended Leafes or Grants, Contracts or Agreements fo to be made as afore faid, of all or any Part or Parcel of the faid Premifes, with the Appurtenances called Prince's Meadows, it fhall and may be lawful for His faid Royal Highness, and His faid Royal Highness is hereby authorized and empowered to take and receive fuch Sum or Sums of Money, in the Way of Fine or Fines, as may be a fair and reasonable Confideration for fuch Portion of the faid extended Term or Terms of Years fo to be granted or contracted for as aforefaid, as with the Term or Terms then in being would, in the ordinary Courfe of granting Renewals within the faid Duchy have made up the Term of Thirty one Years only from the Date of any fuch Leases or Grants, Contracts or Agreements.

General Saving.

II. Saving always, to all and every Perfon and Perfons, Bodies Politick and Corporate, their Heirs and Succeffors, Executors, Administrators and Affigns, (other than His faid Majefty, His Heirs and Succeffors, and other than His faid Royal Highnefs the Prince and His Heirs, and all and every Person and Perfons that fhall hereafter have, inherit and enjoy the faid Duchy of Cornwall by force of any A&t of Parliament or other Limitation whatfoever), all fuch Rights, Titles, Eftates, Interefts, Tenures, Terms, Claims and Demands whatfoever, of, in, to or out of the faid Premifes called Prince's Meadows, with the Appurtenances, or any Part or Parcel thereof, as they, or any of them, had or ought to have had, before the making of this Act, to all Intents and Purposes, and in as large

and

and ample Manner and Form as if this A&t had never been made; this Act or any Thing herein contained to the contrary notwithRanding.

CAP. VII.

An Act for punishing Mutiny and -Defertion; and for the
better Payment of the Army and their Quarters.
[21 March 1810.]

"Number of Forces 98,780. 5 1.

XXXI. And for the more effectual Notification thereof to the feveral Judges and Perfons hereinafter mentioned, be it further enacted by the Authority aforefaid, That Copies of all fuch Articles of War, printed by the King's Printer, fhall, from time to time, as foon as conveniently may be after the fame fhall have been made and eftablished by His Majefty, be tranfmitted by His Majesty's Secretary at War for the time being, figned with his own. Hand and Name, to the Judges of His Majefty's fuperior Courts at Westminster, Dub lin and Edinburgh, refpectively, and alfo to the Governors of His Majefty's Colonies, Plantations and Territories abroad.

LXXIV. Provided nevertheless, and it is hereby enacted and declared by the Authority aforefaid, That from and after the faid Twenty fourth Day of March One thousand eight hundred and ten, when and as often as any Perfon or Perfons fhall be enlifted as a Soldier or Soldiers in His Majesty's Land Service, he or they fhall, within Four Days, but not fooner than Twenty four Hours, after fuch enlifting refpectively, be carried or go with fome Officer, Noncommiffioned Officer or Private Soldier belonging to the Recruiting Party by which be fhall be enlifted, or with the Perfon employed on the Recruiting Service with whom he shall have enlifted, before fome Justice of the Peace of any County, Riding, City or Place, or Chief Magiftrate of any City or Town Corporate, refiding or being next to, or in the Vicinity of the Place, and acting for the Divifion or District where such Perfon or Persons shall have been enlisted, and not being an Officer in the Army, and before fuch Justice or Chief Magiftrate he or they fhall be at Liberty to declare his or their Diffent to fuch enlifting; and upon fuch Declaration, and returning the Enlifting Money, and alfo each Perfon fo diffenting paying the Sum of Twenty Shillings for the Charges expended or laid out upon him, together with fuch full Rate allowed by Law for the Subfiftence or Diet and Small Beer furnished to fuch Recruit fubfequent to the Period of his having been enlifted, fuch Perfon or Perfons fo enlifting fhall be forthwith discharged and fet at Liberty, in the Prefence of fuch Juftice or Chief Magiftrate; but if fuch Perfon or Perfons fhall refufe or neglect, within the Space of Twenty four Hours, to return and pay fuch Money as aforefaid, he or they fhall be deemed and taken to be enlifted, as if he or they had given his or their Affent thereto before the faid Juftice or Chief Magiftrate; and if fuch Perfon or Perfons fhall declare his or their having voluntarily enlifted himself or themselves, then fuch Justice or Chief Magiftrate fhall, and he is hereby required forthwith to read. over, or, in his own Prefence, to cause to be read over, to such Perfon or Perfons the Third and Fourth Articles of the Second Section, and

B 4

Copies of Arti-
cles of War to
be tranfmitted to
Judges, &c.

Provifo for Per

fons haftily enlifting.

under 39 G. 3.

r. 109. for Euft India Company's Service, &c. fhall

take Oath of Allegiance.

and the First Article of the Sixth Section of the Articles of War against Mutiny and. Defertion, and to tender and adminifter to fuch Perfon or Perfons refpectively, not only the Oath of Fidelity mentioned in the said Articles of War, but also the Oath mentioned in the Schedule to this A&t annexed, marked (A.), or if the Perfon fhall be defirous of enlifting without any Limitation of Period of Service, the Oath in the Schedule to this Act annexed, marked (B.); and if fuch Perfon or Perfons fhall take the faid Oaths, then fuch Juftice or Chief Magiftrate fhall, and he is hereby required forthwith to certify under his Hand the enlifting and fwearing, together with the Place of the Birth, Age and Calling, if known, of fuch Perfon or Perfons, in the Form mentioned in the Schedule to this Act annexed, marked (C.), if the Oath in the Form marked (A.) fhall have been taken, and in the Form marked (D.) if the Oath in the Form marked (B.) fhall have been taken, except in the Cafe of Recruits enlifted to ferve either in His Majefty's Troops, or in the Forces of Recruits enlifted the East India Company, according as His Majefty fhall think fit, in pursuance of an A&t paffed in the Thirty ninth Year of the Reign of His Majefty, intituled, An A&t for better recruiting the Forces of the Eaft India Company, in which Cafe every fuch Recruit fhall, inítead of the faid Oath of Fidelity, and of the Oath contained in the Schedule (A.) or (B.) to this Act annexed, take the Oath of Allegiance directed by the faid Act of the Thirty ninth of His Majefty, and contained in the Schedule to this Act annexed, marked (E.); and the Juftice or Chief Magiftrate fhall certify fuch Enlistment and Swearing accordingly in the Form mentioned in the Schedule to this A&t annexed, marked (F.); and if any fuch Perfon or Perfons, fo to be certified, fhall wilfully refufe to take the faid Oath of Fidelity before the faid Juftice or Chief Magiftrate, it fhall and may be lawful for fuch Officer, from whom he has received fuch Money as aforefaid, to detain and confine fuch Perfon or Perfons until he or they fhall take the faid Oath of Fidelity; and every Military Officer that fhall act contrary hereto, or offend herein, fhall incur the like Penalty and Forfeiture as is by this Act to be inflicted upon any Officer for making a falfe and untrue Muller; and the Penalty and Forfeiture fhall be levied and recovered in the fame Manner as any Penalties or Forfeitures are by this A&t to be levied or recovered: Provided always, that every Non-commiffioned Officer or Private Soldier who fhall enlift any Recruit, fhall, at the Time of fuch enlifting enquire the Chriftian and Surname and Place of Abode of fuch Recruit, and either take the fame down in Writing, or give the fame to the Non-commiffioned Officer commanding the Recruiting Party to be fo taken down: Provided alfo, that it shall be lawful for any Juftice of the Peace to difcharge any Perfon who fhall have haftily enlifted, and who fhall apply to him to declare his Diffent within fuch Four Days as aforefaid, upon Payment of the Sum of Money required to be paid by any Recruit declaring his Diffent under this Act, notwithftanding no Officer, Non-commiffioned Officer or Private Soldier belonging to the Recruiting Party fhall be with the Recruit, if it shall appear to fuch Magiftrate, upon the Examination of fuch Recruit, or of any other Perfon, that the Recruiting Party has left the Place where fuch Recruit was enlifted, or that fuch Recruit could not procure any Non-commiflioned Officer belonging to fuch Party to go with fuch Recruit before the Juftice of the Peace; and the Sum paid

Name and Refidence of Recruits.

In what Cafe

Juftices may difcharge Perfons haflity califting

Maliers hall be carried before Juftice and com

by fuch Recruit upon his Discharge fhall be kept by the Juftice. of the Peace, and paid, when demanded, to any Perfon belonging to the: Recruiting Party entitled thereto demanding the fame. LXXXIV. And be it further enacted, That no Apprentice, Apprentices who fhall be claimed by his Mafter, shall be taken from the Regiment, claimed by Troop or Recruiting Party with which he fhall be but under a Warrant granted by fome Juftice of the Peace or Magiftrate of the County, Stewartry, Riding, Divifion, City, Liberty or Place, and refiding near to the Place where fuch Apprentice fhall happen to be when fo claimed, and it fhall be lawful for fuch Juftice of the Peace or Magistrate, and fuch Justice of the Peace or Magistrate is hereby required, on Proof on Oath of Notice having been given to the Officer commanding the Regiment or Troop or Company, or the Recruiting Party with which fuch Apprentice fhall then be, or fome Non-commiffioned Officer of fuch Recruiting Party, of fuch Warrant, and that a Copy thereof has been left with fuch Officer or Non-commiflioned Officer, and of fuch Perfon being an Apprentice, and having enlifted and declared that he was no Apprentice, and on Production and Proof of the Indenture of Apprenticeship, to commit fuch Perfon fo offending as aforefaid if required fo to do by fuch Officer or Non-commifiioned Officer as aforefaid, to the Common Gaol of the County, Stewartry, Riding, Division, City, Liberty or Place, where fuch Perfon fhall be at the Time when he fhall be fo claimed by his faid Maiter, there to remain, until he fhall be difcharged by due Courfe of Law, or if not fo required to deliver fuch Apprentice to his Mater.

LXXXV. And be it further enacted, That it fhall be lawful for the Juftice of the Peace or Magistrate, so refiding near to the Place where the Apprentice fhall be claimed as aforefaid, except in Scotland, as hereinafter mentioned, before whom fuch Perfon fo offend. ing fhall be fo taken as aforefaid, to examine into the Matters alledged against fuch Perfon upon Oath, and which Oath the faid Magiftrate is hereby empowered to adminifter; and alfo to keep in his Cuftody the Indenture of Apprenticeship, to be produced as Occafion fhall require, and to bind over the Matter claiming fuch Perfon, and any other Perfons he may think proper, to give Evidence at the General or Quarter-Seffions of the Peace, or Seffion of Oyer and Terminer, at which the Trial of fuch Perfon is hereinafter directed to be had againft fuch Perfon fo offending; and the Preduction of fuch Indenture of Apprenticeship, with the Certificate of the Juftices of the Peace or Magiftrate that the fame was proved before him, fhall be fufficient Evidence of fuch Indenture of Apprenticeship.

Justices to ex

amine : upon Oath and to keep the

Indenture to be produced on the

Trial.

• XCII. And whereas feveral Soldiers, being duly lifted, do after- Juftices may ، wards defert, and are often found wandering, or otherwife ablent- commit Defert ing themselves illegally from His Majesty's Service,' it is hereby ers. further enacted, That it fhall and may be lawful for the Contable, Headborough or Tithingman, of the Town or Place where any Perfon, who may be reafonably fufpected to be fuch a Deferter, fhall be found, or for any Officer or Soldier in His Majesty's Service, to apprehend, or caufe fuch fufpected Perfon to be apprehended, and to bring or caufe him to be brought before any Jultice of the Peace, living in er near fuch Town or Place, who hath hereby Power to examine fuch fufpected Perfon; and if by his Confeffion, or the Teltimony of One or more Witnefs or Witneffes upon

Oath,

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