Page:A Collection of Charters and Statutes relating to the East India Company.pdf/39

Rh LXXIV. within the limited Time to be deemed to Provided nevertheless, and it is hereby enacted and declared by the Authority aforesaid. That from and after the said Twenty-fourth Day of March One thousand eight hundred and ten, when and as often as any Person or Persons shall be enlisted as a Soldier or Soldiers in His Majesty's Land Service, he or they shall, within Four Days, but not sooner than Twenty-four Hours, after such enlisting respectively, be carried or go with some Officer, Non-comissioned Officer, or Private Soldier belonging to the Recruiting Party by which he shall have inlisted, or with the Person employed on the Recruiting Service with whom he shall have inlisted, before some Justice Of the Peace of any County, Riding, City, or Place, Or Chief Magistrate of any City or Town Corporate, residing or being next to, or in the Vicinity of the Place and acting the Division or District where such Person or Persons shall have be inlisted, and not being an Officer in the Army, and before such Justice or Chief Magistrate be or they shall be at Liberty to declare his or their Dissent to such Inlisting; and Upon such Declaration, and returning the Inlisting Money, and also each Person so dissenting paying the Sum of Twenty Shillings for the Charges expended or laid out upon him, together with such full Rate allowed by Law for the Subsistence or Diet and Small Beer furnished to such Recruit subsequent to the Period of his having been inlisted, such Person or Persons so inlisting shall be forthwith discharged and set at Liberty, in the Presence of such Justice or Chief Magistrate; but if such Person or Persons shall refuse or neglect, within the Space of Twenty-four flours, to refue and pay such Money as aforesaid, he of they shall be deemed and taken to be inlisted, as if he or they had given his or their Assent thereto before the said Justice or Chief Magistrate; and if such Person or Persons shall declare his or their having voluntarily inlisted himself or themselves, then such Justice or Chief Magistrate shall, and he is hereby required forthwith to read over, or in his own Presence to cause to be read over, to such Person or Persons the Third and Fourth Articles of the Second Section, and the First Article of the Sixth Section of the Articles of War against Mutiny and Desertion, and to tender and administer to such Person or Persons respectively, not only the Oath of Fidelity mentioned in the same Articles of War, but also the Oath mentioned in the Schedule to this Act annexed, marked (A), or if the Person shall be desirous of inlisting without any Limitation of Period of Service, the Oath in the Sche­dule to this Act annexed, marked (B); and if such Person or Persons shall take the said Oaths, then such Justice or Chief Magistrate shall and be is hereby required forthwith to certify under his Hand the inlisting and swearing, together with the Place of the Birth, Age, and Calling, if known, of such Person or Persons, in the Form mentioned in the Schedule to this Act annexed, marked (C.), if the Oath in the Form marked (A.) shall have been taken, and in the Form marked (D.) if the Oath in the Form marked (B.) shall have been taken, except in the Case of Recruits inlisted to serve either In His Majesty's Troops, or in the Forces of the East India Company, according as His Majesty shall think fit, in pursuance of an Act passed in the Thirty-ninth Year of the Reign of His Majesty, intituled, "An Act for better recruiting the Forces of the East-India Company in which Case every such Recruit shall, instead of the said 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 said Act of the Thirty-ninth of His Majesty, and contained in the Schedule to this Act annexed, marked (E.); and the Justice Or Chief Magistrate shall certify such Inlistment and Swearing accord­ingly in the Form mentioned in this Schedule to this Act annexed, marked (F.); and if any such Person or Persons, so to be certified, shah wilfully refuse to take the said Oath of Fidelity before the said Justice or Chief Magistrate, it shall and may be lawful for such Officer, from whom he has received such Money as aforesaid, to detain and confine such Person or Persons until he or they shall take the said Oath of Fidelity; and every Military Officer that shall act contrary hereto or offend herein, shall incur the like Penalty and Forfeiture as is by this Act inflicted upon any Officer for making a false and untrue Muster; and the Penalty and Forfeiture shall be levied and recovered in the same Manner as any Penalties Or Forfeitures are by this Act to be levied or recovered: Provided always, that every Non-commissioned Officer or Private Soldier who shall inlist any Recruit,  shall at the Time of such inlisting enquire the Christian and Surname and Place of of Abode of such Recruit, and either take the same down in Writing, or give the same to the Non-commissioned Officer commanding the Recruiting Party to be so taken down: Provided also, that it shall be lawful for any Justice of the Peace to discharge any Person who shall have hastily inlisted, and who shall apply to him to declare his Dissent within such Four Days as aforesaid, upon Payment of the Sum of Money required to be paid by any Recruit declaring his Dissent under this Act notwithstanding no Officer, Non-commissioned Officer, or Private Soldier belong­ing the Recruiting Party shall be with the Recruit, if it shall appear to such Magistrate upon the Examination of such Recruit or of any other Person that the Recruiting, Party has left the Place where such Recruit was inlisted, or that such Recruit could not procure any Non-commissioned Officer belonging to such Party to go with such Recruit before the Justice of the Peace; and the Sum paid by such Recruit upon his Discharge shall be kept by the Justice of the Peace, and paid when demanded to any Person belonging to the Recruiting Party entitled thereto demanding the same. CXI.