to be sworn.

Perfons refufing being duly fummoned, fhall refuse or neglect to appear, or being prefent and competent to be a Witnefs fhall refufe to be fworn, or being fworn fhall refuse to give Evidence, fuch Person shall forfeit any Sum not lefs than Twenty Shillings, nor more than Ten Pounds, at the Discretion of the said Committee.

Penalty.

XXXVIII. And be it further enacted, That the Governor of the said Penitentiary fhall keep a regular Book or Books, in which fhall be entered the Names of all and every the Perfon or Perfons who shall be in his Cuftody, the Offences of which they fhall have been guilty, the Court before which each Person was convicted, the Sentence of the Court, the Age, Bodily Eftate, and Behaviour of every such Convict while in Cuftody; and alfo the Names of all and every the Perfon or Perfons who fhall have died under fuch Custody, or fhall have escaped from fuch Place of Confinement, or shall have been discharged from thence by Order from One of His Majesty's Principal Secretaries of State, or otherwise; from which Books Returns fhall be made of the Particulars mentioned above, on the First Day of every Term, to His Majefty's Court of King's Bench, and shall be verified on the Oath of the Perfon making the fame.

XXXIX. And be it further enacted, That the faid Committee fhall at the Beginning of every Seffion make a faithful Report to the King in Council, and to both Houfes of Parliament, fpecifying the State of the Buildings, the Behaviour and Conduct of the refpective Officers, the Treatment and Condition of the Convicts, the Amount of their Earnings, and the Expences of fuch Penitentiary, and alfo in matters of extreme or preffing Neceffity, fhall and may make a Special Report thereof to the Juftices of His Majefty's Court of King's Bench.

XL. And be it further enacted, That the faid Committee shall report to His Majefty in Council, and to both Houses of Parliament, all Bye Laws, Rules or Regulations, made under the Authority of this Act, and all Alterations therein or Additions thereto, within Thirty one Days after the Commencement of the next Seffion of Parliament after fuch Bye Laws, Rules and Regulations, or Alterations or Additions, fhall have been confirmed by the Juftices of His Majesty's Court of King's Bench, as hereinbefore is directed.

XLI. And be it further enacted, That the faid Penitentiary, and all the Buildings and inclofed Area and Appurtenances belonging thereto and making Part thereof, fhall be and they are hereby declared to be wholly freed and exempt from all Public and Parochial Taxes, Rates, Affeffments and Charges whatsoever, any thing in any Act or Acts of Parliament now in force, or which may hereafter be paffed in relation to any Public or Parochial Taxes, Rates or Affeffments, to the contrary notwithstanding: Provided always, that no Perfon belonging to or employed in the faid Penitentiary, and no Child born therein, fhall thereby gain a Settlement in the Parish in which the faid Penitentiary is fituate.

XLII. And be it further enacted, That an Account of the Expences of carrying this A&t into Execution fhall be annually laid be fore the Houfe of Commons, and after deducting therefrom fuch Profit as may have arifen from the Earnings of the Convicts, over and above the Expences occafioned by their Labour, and any Allowances which fhall have been made to fuch Convicts, or to the Officers fuperintending fuch Labour, by Order of the Committee, the Remainder

16

mainder fhall be provided for in the next Supplies to be granted to His Majefty by Parliament.

XLIII. And be it further enacted, That if any Convict who Convicts break. fhall be ordered to be confined in the faid Penitentiary fhall at any ing Prifon or time during the Term of fuch Confinement break Prifon, or escape escaping. from the Place of his or her Confinement, or in his or her Conveyance to fuch Place of Confinement, or from the Perfon or Perfons having the lawful Cuftody of fuch Convict, he or she so breaking Prifon or escaping fhall be punished by an Addition of Three Years to the Term for which he or she at the time of his or her Breach of Prison or Escape was fubject to be confined; and if fuch Convict Punishment. fo punished by fuch Addition to the Term of Confinement shall afterwards be convicted of a Second Efcape or Breach of Prison, he or she shall be adjudged guilty of Felony without Benefit of Clergy.

Rescuing or at

tempting to

XLIV. And be it further enacted, That if any Perfon fhall refcue any Convict who shall be ordered to be confined within the said Penitentiary, either during the time of his or her Conveyance to the faid Penitentiary, or whilft fuch Convict shall be in the Cuftody of the Perfon or Perfons under whofe Care and Charge he or she shall be fo confined; or if any Perfon fhall be aiding or affifting in any fuch Refcue, every fuch Perfon fo refcuing, aiding or affifting, fhall be guilty of Felony, and may be ordered to be confined in the faid Felony. Penitentiary for any Term not lefs than One Year, nor exceeding

Five Years; and if any Perfon having the Cuftody of any fuch Con- Officers permitvict as aforefaid, or being employed by the Perfon having fuch Cuf- ting Efcape; tody as a Keeper, Underkeeper, Turnkey, Affiftant or Guard, fhall

voluntarily permit fuch Convict to escape; or if any Perfon what- fupplying Means foever fhall, by fupplying Arms, Tools or Inftruments of Difguife, of Escape. or otherwise be in any manner aiding and affifting to any fuch Convict in any Escape, or in any Attempt to make an Escape, though no Efcape be actually made, or fhall attempt to rescue any fuch Convict, or be aiding and affifting in any fuch Attempt, though no Refcue be actually made, every fuch Perfon fo permitting, attempting, aiding or affifting, fhall be guilty of Felony; and if any Perfon hav- Felony. ing fuch Cuftody, or being fo employed by the Perfon having fuch Cuftody as aforefaid, fhall negligently permit any fuch Convict to

efcape, fuch Perfon fo permitting fhall be guilty of a Mifdemeanor, Misdemeanor. and being lawfully convicted of the fame, fhall be liable to Fine or Punishment. Imprisonment, or to both, at the Discretion of the Court.

XLV. And to the Intent that the Profecution for Escapes, Breaches of Prifon, and Refcues, may be carried on with as little

Trouble and Expence as poffible, be it further enacted, That any Con- Mode of Trial vict escaping, breaking Prison, or being rescued in manner aforefaid, and Conviction. may and shall be tried before the Juftices of Oyer and Terminer or Gaol Delivery, or at the Great Seffions, either for the County where he or she shall be apprehended and retaken, or for the County in which the faid Offence shall have been committed; and in case of any Profecution for any fuch Escape, Attempt to escape, Breach of Prifon, or Rescue, either against the Convict efcaping or attempting to escape, or having broken Prifon, or being refcued, or against any other Perfon or Perfons concerned therein, or aiding, abetting or affifting the fame, a Copy properly attefted, of the Order of Com- Evidence of Ox mitment to fuch Penitentiary fhall, after Proof made that the Perfon der of Confine

56 GEO. III.

Bb

then ment,

Committee or Vifitors may direct any Perfon not being Officers, Servants or Convićts, to quit Penitentiary.

Other Acts re

then in queftion before the Court is the fame that was delivered with fuch Order, be fufficient Evidence to the Court and Jury that the Perfon then in queftion was fo ordered to fuch Confinement.

XLVI. And be it further enacted, That in case it shall appear to the faid Committee, or to any Member thereof, who fhall be appointed a Vifitor as aforefaid, that the Continuance within the faid Penitentiary of any Perfon, not being an Officer or Servant of the faid Penitentiary or a Convict confined therein, is inexpedient or objectionable, it fhall and may be lawful for fuch Committee or Vifitor, by an Order in Writing to direct fuch Perfon to quit fuch Penitentiary; and in cafe fuch Perfon fhall refufe or neglect fo to do within Six Hours after the Receipt of fuch Order, it shall and may be lawful for any One of His Majefty's Juftices of the Peace, acting in and for the County of Middlefex, on Application from fuch Committee or fuch Vifitor, by Warrant under his Hand and Seal, to authorize and empower any Perfon to whom fuch Warrant fhall be directed, forthwith to remove fuch Perfon from and out of the faid Penitentiary.

XLVII. And be it further enacted, That the faid Penitentiary lating to Gaols, fhall be regulated by the Provifions in this A&t contained; and no &c. not to apply other Act or Acts of Parliament relating to Gaols, Prifons or to Penitentiary. Houfes of Correction, or any Claufes, Provifions, Regulations, Penalties or Forfeitures, contained in any fuch Act or Acts, shall extend or be conftrued to extend to the faid Penitentiary, except fo far as any fuch Acts, Claufes, Provifions or Regulations are by this Act referred to and made applicable to the Purposes of this Act, or to the faid Penitentiary, or to any Perfons belonging to or confined as Convicts therein.

Recovery of
Penalties.

Diftrefs.

If infufficient
Distress,
Imprisonment.

XLVIII. And be it further enacted, That any pecuniary Penalties created by this Act, for the Recovery of which no Mode is hereinbefore prefcribed, fhall be recoverable before Two or more Juftices of the Peace in the County in which the Offence fhall be committed, on Proof of the Offence by the Oath or Oaths of One or more credible Witnefs or Witneffes, or on Confeffion of the Offender; and One Moiety thereof fhall be paid to the Ufe of the Penitentiary, and the other Moiety to the Informer or Informers profecuting for the fame, and in cafe of Nonpayment, the fame fhall be levied by Diftrefs and Sale of the Offender's Goods and Chattels, by Warrant under the Hands and Seals of fuch Juftices; and the Overplus of the Money raised, after deducting the Penalty and Expences of the Diftrefs and Sale, fhall be rendered to the Owner; and for want of fufficient Diftrefs, the Offender fhall be fent by fuch Justices to the Prison of fuch County, for fuch Term not exceeding Six Months, nor less than One Month, as fuch Juftices fhall think moft proper.

XLIX. And be it further enacted, That the Provifions of an Act of Parliament paffed in the Twenty fourth Year of the Reign of His prefent Majefty, and of all other Acts of Parliament for the rendering Juftices of Peace more fafe in the Execution of their Offices, fhall extend and be construed to extend to all Perfons nominated to form Part of the faid Committee for fuperintending the faid Penitentiary, and to the Governor thereof, so as that no Action fhall be brought against any fuch Perfon or Perfons for any thing done under this Act, without Notice, to enable him or them to tender

Amends; and if any Suit or Action fhall be profecuted against any Perfon or Perfons for any thing done in pursuance of this Act, fuch Perfon or Perfons may plead the General Iffue, and give this General Issue. Act or the Special matter in Evidence at any Trial to be had thereupon, and that the fame was done by the Authority of this A&t; and if a Verdict fhall pafs for the Defendant or Defendants, or the Plaintiff or Plaintiffs fhall become Nonfuit, or difcontinue his, her or their Action or Actions after Iffue joined, or if on Demurrer or otherwife Judgment fhall be given against the Plaintiff

or Plaintiffs, the Defendant or Defendants fhall recover Treble Cofts, Treble Cofts. and have the like Remedy for the fame as any Defendants have by Law in other cafes; and though a Verdict fhall be given for any Plaintiff in any fach Action or Suit as aforefaid, fuch Plaintiff fhall not have Cofts against the Defendant, unless the Judge, before whom the Trial fhall be, fhall certify his Approbation of the Verdict.

Actions.

L. And be it further enacted, That all Actions, Suits and Pro- Limitation of fecutions to be commenced against any Perfon or Perfons for any thing done in purfuance of this Act, fhall be laid and tried in the County or Place where the Fact was committed, and fhall be commenced within Six Months after the Fa& committed, and not otherwise.

LI. And be it further enacted, That this A&t may be altered A&t may be or amended by any Act or Acts to be passed in the prefent Seffion altered, &c. of Parliament.

CAP. LXIV.

An Act to repeal several Acts relating to the Militia of Great
Britain, and to amend other Acts relating thereto.
[22d June 1816.]

W

HEREAS an Act paffed in the Forty third Year of the 43 G. 3. c. 100.
Reign of His present Majefty, intituled An Act to render except § 1.

more effectual Two Acts made in this prefent Seffion of Parliament,
for the more speedily completing the Militia of Great Britain, and

for raifing an additional Military Force for the better Defence of

the United Kingdom: And Whereas an Act paffed in the Forty 47 G. 3. Seff. 2. feventh Year of the Reign of His prefent Majefty, intituled An c.71.

Aa for the speedily completing the Militia of Great Britain, and in

creafing the fame under certain Limitations and Reftrictions: And

Whereas an A&t paffed in the Forty ninth Year of the Reign of 49 G. 3. c. 53.

His prefent Majefty, intituled An Ad for completing the Militia

50 G. 3. c. 24.

of Great Britain: And Whereas an Act paffed in the Fiftieth Year of the Reign of His prefent Majefty, intituled An Ad to • amend an Ad paffed in the laft Seffion of Parliament for completing the 'Militia of Great Britain, and to make further Provifion for completing the faid Militia: And Whereas an A&t paffed in the Fifty 51 G. 3. c. 20. 'first Year of the Reign of His prefent Majefty intituled, An A& to allow a certain Proportion of the Militia of Great Britain to enlift annually into the regular Forces, and to provide for the gradual Reduction of the faid Militia: And Whereas it is expedient 'that the faid recited Acts paffed in the Forty third, Forty feventh, Forty ninth, Fiftieth and Fifty firft Years refpectively of the Reign ' of His prefent Majefty, except fo much of the faid recited Act of

Bb 2

⚫ the

except certain Provifions, repealed.

55 G. 3. c. 65. § 10.

His Majesty may difpenfe with calling out Militia for the prefent Year.

55G.3.c.168. $ 3, 4. for affembling Courts Martial, to extend to Officers

and Privates of Militia on permanent Pay.

the Forty third Year aforefaid as relates to ballotted Men refufing to be examined as to their Fitness to serve in the Militia, and fo much of the faid recited A&t of the Fifty firft Year of the Reign of His prefent Majefty as relates to the confining the Allowances to the Wives and Families of Militia Men in England and Scotland • raised after the paffing of the faid Act, to ballotted Men only, fhould be repealed;' Be it therefore enacted by The King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That the faid recited Acts of the Forty third, Forty feventh, Forty ninth, Fiftieth and Fifty firft Years refpectively of the Reign of His prefent Majefty, except fo much of the faid recited Act of the Forty third Year aforefaid as relates to balloted Men refusing to be examined as to their Fitness to ferve in the Militia, and fo much of the faid recited Act of the Fifty firft Year aforefaid as confines the Allowances to the Wives and Families of Militia Men in England and Scotland, raised after the paffing of the faid Act, to ballotted Men only, shall be and the fame are hereby repealed.

II. And be it further enacted, That fo much of an A&t paffed in the Fifty fifth Year of the Reign of His prefent Majefty, intituled An Act to amend the Laws relating to the Militia of Great Britain, as enacts that no ballotted Man fhall be exempt from ferving in the Militia of Great Britain, by reafon of being under the Height of Five Feet Four Inches, provided fuch Man fhall be of the Height of Five Feet Two Inches, fhall be and the fame is hereby repealed.

• III. And Whereas it is expedient that His Majefty fhould be empowered to difpenfe with the training and exercifing of the Militia in the prefent Year;' Be it therefore enacted, That it shall be lawful for His Majefty, by any Order in Council, to fufpend the calling out of the Militia of Great Britain, in the prefent Year, for the Purpose of being trained and exercifed, and to order and direct that no training or exercifing of the Militia fhall take place in the prefent Year; any thing contained in any Act or A&ts relating to the Militia, to the contrary notwithstanding.

IV. And Whereas another Act paffed in the Fifty fifth Year of the Reign of His prefent Majesty, intituled An All to explain and • amend the Laws relating to the Militias of Great Britain and Ire• land: And Whereas it is expedient that the Provisions of the faid Act as to appointing Courts Martial fhould be extended for the Trial of any Officers, Non Commiffioned Officers and Drummers ⚫ and Private Men of the Militia retained on Permanent Pay;' Be it therefore enacted, That all the Powers, Authorities, Provifions, Regulations and Claufes in the faid laft recited A&t contained, in relation to Courts Martial, and to the appointing, affembling and attending of Courts Martial under the faid Act, fhall extend and be in full force, and apply to the Trial and Punishment of Officers, Non Commiffioned Officers, Drummers or Private Men of the Militia of Great Britain, remaining on permanent Pay, while the Militia to which they fhall belong fhall be difembodied, for all Offences committed against any Law in force for the Punishment of Mutiny and Defertion, or any Articles of War made in pursuance thereof, as if all fuch Powers, Authorities, Provifions, Regulations and Claufes were feverally and feparately repeated and reenacted in this A&t.