"backs and Bounties on British refined Sugars exported. f. 3. [See 49 G. 3. c.43.] Recited A&t 43 G. 3. c. 11. continued to 15-25 "March 1809. § 4. [See 47 Geo. 3. ft. 1. c. 29. and References there.]

CA P. XII.

An Act for punishing Mutiny and Defertion; and for the
better Payment of the Army and their Quarters.
[20th March 1809.]
"Number of Forces 133,922. § 1.-§ 2 to 40, are the fame as the like
"Sections of 48 G. 3. c. 15.

Recital of the Petition of Right, 3 Car. 1.;

31 Car. 2. c. 1.

§ 54.

XLI. And whereas by the Petition of Right, in the Third Year of King Charles the Firft, it is enacted and declared, That the People of the Land are not by the Laws to be burthened with the Sojourn ing of Soldiers against their Wills; and by a Claufe in an Act of the Britif Parliament, made in the One-and-Thirtieth Year of the Reign of King Charles the Second, for granting a Supply to His Majelty of Two hundred and fix thousand four hundred fixty-two Pounds Seventeen Shillings and Three-pence, for paying and difbanding the • Forces, it is declared and enacted, That no Officer, Civil or Military, nor other Perfon whatfoever, fhould from thenceforth prefume to place, quarter, or billet, any Soldier or Soldiers upon any Subjec or Inhabitant of this Realm, of any Degree, Quality, or Profeffion whatsoever, without his Confent; and that it fhall and may be lawful for any Subject, Sojourner, or Inhabitant, to refufe to quarte. any Soldier or Soldiers, notwithstanding any Demand or Warrant, or Billetting whatsoever: But forafmuch as at this Time, and during the Continuance of this A&t. there is and may be Occafion for the marching and quartering of Regiments, Troops, and Companies, in feveral Parts of the United Kingdom of Great Britain and Ireland ;' Be it further enacted by the Authority aforefaid, That, for aud curing Conftables, &c. the Continuance of this Act, and no longer, it shall and may be lawful in England fhall to and for the Conftables, Tithingmen, Headboroughs, and other quarter Officers Chief Officers and Magiftrates of Cities, Towns, and Villages, and Inns, Alehouses, other Places within England, Wales, and the Town of Berwick-upon- &c. Tweed, and, in their Default or Abfence, for any One Justice of the Peace inhabiting in or near any fuch City, Town, Village, or Place, and for no others, and fuch Conftables, and other Chief Magiftrates as aforefaid, are hereby required, to quarter and billet the Officers and Soldiers in His Majelly's Service, in Inns, Livery Stables, Ale-houtes, Victualling-houfes, and the Houfes of Sellers of Wine, by Retail, to be drank in their own Houfes, or Places thereunto belonging; other than and except Canteens held and occupied under the Authority of the Commiffioners for the Affairs of Barracks, and other than and except Perfons who keep Taverns only, being Freemen of the Company of Viatners of the City of London, who were admitted to the Freedom before the Firth Day of July One thousand seven hundred and fifty-feven, or who fince have or fhall hereafter be admitted to their Freedom of the faid Company in Right of Patrimony or Apprenticeship, notwithstanding fuch Perfons who keep Taverns only have taken out Victualling Licences; and all Houfes of Perfons felling Brandy, Strong Waters, Cyder, or Metheglin, by Retail, to be drank in Houfes, other than and except the Houfe or Houfes of any Diftil6 lers,

and Men in

but in no

Distillers or
Shopkeepers
Houfes, or in
any private
Houfes.

Penalty on Constables, &c. quartering Soldiers in private Houfes, &c.

Penalty on Officers quartering Soldiers contrary to this Act, &c.

Perfons ag

grieved by being quartered on, may complain to

any Justice and

be relieved

Licences may
be
granted by Two
Magiftrates
for keeping
Canteens.

lers, who keep Houfes or Places for diftilling Brandy and Strong
Waters, and the Houfe of any Shopkeeper whofe principal Dealings
shall be more in other Goods and Merchandizes than in Brandy and
Strong Waters (fo as fuch Diftillers and Shopkeepers do not permit
or fuffer Tippling in his or their Houfes;) and in no other, and in no
private Houfes whatsoever; nor fhall any more Billets at any Time be
ordered than there are effective Soldiers prefent to be quartered; all
which Billets, when made out by fuch Chief Magiftrates or Conftables,
fhall be delivered into the Hands of the Commanding Officer prefent:
And if any Conftable, Tythingman, or fuch like Officer or Magiftrate,
as aforefaid, fhall prefume to quarter or billet any fuch Officer or
Soldier in
any fuch private Houle, without the Confent of the Owner
or Occupier, in fuch Cafe fuch Owner or Occupier fhall have his or
their Remedy at Law, againft fuch Magiftrate or Officer, for the
Damage that fuch Owner or Occupier fhall fuftain thereby: And if
any Military Officer fhall take upon him to quarter Soldiers otherwise
than is limited and allowed by this Act, or fhall ufe or offer any Menace
or Compulfion to or upon any Mayors, Conftables, or other Civil
Officers before mentioned, tending to deter and difcourage any of them
from performing any Part of their Duty hereby required or appointed;
fuch Military Officer fhall for every fuch Offence, (being thereof
convicted before any Two or more of the Juftices of the Peace of the
County, by the Oath of Two credible Witneffes,) be deemed and
taken to be ipfo facto cashiered, and fhail be utterly disabled to have
or hold any Military Employment within this Kingdom, or in His
Majesty's Service; provided the faid Conviction be affirmed at the
next Quarter Seffions of the Peace of the faid County, and a Certificate
thereof be tranfmitted to the Judge Advocate, in London, who is
hereby obliged to certify the fame to the next Court-martial: And in
cafe any Perfon fhall find himself aggrieved, in that fuch Conftable,
Tythingman, or Headborough, Chief Officer, or Magiftrate, (fuch
Chief Officer or Magiftrate not being a Juttice of the Peace,) has
quartered or billetted in his Houfe a greater Number of Soldiers than
he ought to bear in proportion to his Neighbours, and fhall complain
thereof to One or more Jultice or Juftices of the Peace of the Division,
City, or Liberty, where fuch Soldiers are quartered; or in cafe fuch
Chief Officer or Magiftrate fhall be a Juftice of the Peace, then, on
Complaint made to Two or more Juftices of the Peace of fuch Divition,
City, or Liberty, fuch Juftices respectively fhall have, and have hereby
Power to relieve fuch Perfon, by ordering fuch and fo many of the
Soldiers to be removed and quartered upon fuch other Perfon or
Perfons as they fhall fee Caufe; and fuch other Perfon or Perfons fhall
be obliged to receive fuch Soldiers accordingly.

XLII. And be it further enacted, That it fhall be lawful for any Two Juftices of the Peace, or any Two Magiftrates, within their refpective Jurifdictions, to grant or transfer any Licence for felling Ale by Retail, or Cyder or Perry to be drank or confumed in any Houfe or Houfes, or Premifes where more Houses or Premifes than one fhall be held together by the fame Perfon or Perfons as a Canteen, or any Licence to felt Spirituous Liquors, or Strong Waters, or Wine or Liquor by Retail, to any Perfon or Perfons applying for the fame, who fall hold any Canteen under any Leafe thereof, or any Agreement or other Authority from the Commiffioners for the Affairs of Barracks, without Regard to the Time of Year or any Notices or Certificates

Certificates fpecified or required in relation to the applying for or granting any fuch Licences, any Thing in any A&t or Acts of Parliament to the contrary notwithstanding: And it fhall also be lawful for His Majesty's Commiffioners of Excife in England and Scotland refpectively, or any Perfon appointed or employed by the faid Commiffioners in England in that Behalf, or for any Collectors or Supervifors of Excife within their refpective Diftricts, and they are hereby required to grant Licences for felling Beer or Ale by Retail, or Cyder or Perry, to be drank or confumed in the Houfe or Premises occupied as a Canteen, of the Person or Perfons applying for fuch Licence, or any Licence to fell Spirituous Liquors or Strong Waters, or Wine or Liquors, by Retail to any fuch Perfon or Perfons who fhall hold any fuch Canteen under any fuch Licence or Transfer of any fuch Licence of any Juftice or Magiftrate as aforefaid; and it fhal alfo be lawful for any Perfon or Perfons holding any fuch Canteen under any fuch Leafe, Agreement, or Authority as aforefaid, and having fuch Licences as afor-faid to keep fuch Canteen, and to utter and fell therein, and in the Premifes thereto belonging, and not elfewhere, Victuals and all fuch excifeable Liquors as he and they fhall be licensed and empowered to fell under the Authority and Permiffion of any fuch Excife Licence as aforefaid, without being fubject to any Penalty or Forfeiture, any Thing in any Act or Acts of Parlia ment to the contrary notwithstanding.

66

§ 43 to 57, are the fame as § 42 to 56 of 48 G. 3. c. 15. LVIII. And be it further enacted by the Authority aforefaid' For the providing That for the better and more regular Provifion of Carriages for His Carriages for the Majefty's Forces in their Marches, or for their Arms, Clothes, or Forces marching. in England. Accoutrements, in England, Wales, and the Town of Berwick-uponTweed, all Justices of the Peace, within their several Counties, Ridings, Divifions, Shires, Liberties, and Precincts, being duly required thereunto, by an Order from His Majefty, or the General of His Forces, or the Master General or Lieutenant General of His Majesty's Ord. nance, or other Perfon duly authorized in that Behalf, fhall, as often as fuch Order is brought and fhewn unto One or more of them by the Quartermaster, Adjutant, or other Officer or Non-commiffioned Officer of the Regiment, Detachment, Troop, or Company, fo ordered to march, iffue out his or their Warrants to the Conftables, or Petty Conftables, of the Divifion, Riding, City, Liberty, Hundred, and Precinct, from, through, near, or to which fuch Regiment, Detachment, Troop, or Company, fhall be ordered to march; requiring them to make fuch Provifion of Carriages, and Horfes or Oxen, with able Men to drive the fame, as is mentioned in the faid Warrant, allowing them fufficient Time to do the fame, that the neighbouring Warrants fhall Parts may not always bear the Burthen; and fpecifying in the faid fpecify the Places Warrants the Place or Places to which the faid Carriages fhall by to which the virtue of fuch Order as aforefaid, be required to travel, which shall Carriages (hall travel, &c. not exceed the Day's March of the Troops, as prefcribed in the Order produced to the Magistrate, unless in cafe of preffing Emergency or Neceffity, and fhall in no Cafe whatever exceed Twenty-five Miles from the Place at which the March fhall commence: And in cafe fufficient Carriages cannot be provided within any fuch Liberty, Divifion, or Precinct, then the Juftice or Juftices of the Peace of the next adjoining County, Riding, or Divifion, fhall, upon fuch Order

as

Rates for
Carriages.

Penalty on
Officers forcing
Waggons to
travel more than
Magiftrate's
Warrant
Specifies.

as aforefaid being brought or fhewn to One or more of them by any
of the Officers aforefaid, iffue his or their Warrant to the Conftable's
or Petty Conftables of fuch next County, Riding, Liberty, Divifion,
or Precinct, for the Purposes aforefaid, to make up fuch Deficiency:
And the aforefaid Officer or Officers, who, by virtue of the aforefaid
Warrant from the Juftices of the Peace, are to demand the Carriage
or Carriages therein mentioned of the Conftable or Petty Constable,
to whom the Warrant is directed, is and are hereby required, at the
fame Time, to pay down in hand to the faid Conftable or Petty Con-
ftable for the Ufe of the Perfon who fhall provide fuch Carriages and
Men, the Sum of One Shilling for every Mile any Waggon with
Four or more Horfes fhall travel; and the Sum of One Shilling for
Wain with Six Oxen, or Four Oxen with two Horfes
every Mile any
fhall travel; and the Sum of Nine-pence for every Mile any Waggon
with narrow Wheels, or any Cart with Four Horfes, respectively,
or carrying not lefs than Fifteen Hundred Weight, fhall travel; and,
the Sum of Sixpence for every Mile every Cart or other Carriage,
with lefs than Four Horfes, and not carrying Fifteen Hundred Weight,
fhall travel; or any further Sum not exceeding Four-pence, for every
Mile any Waggon with Four or more Horfes, or any Wain with Six
Oxen, or with Four Oxen and Two Horfes, fhall travel; and not
exceeding Three-pence for every Mile any Cart with Four Horfes,
or carrying not lefs than Fifteen Hundred Weight, fhall travel; and
not exceeding Two-pence for every Mile any Cart or Carriage with
lefs than Four Horfes and not carrying Fifteen Hundred Weight, fhall
travel; according as the fame fhall be fixed and ordered by the Juftices
of the Peace for any County or District affembled at any General
Seffions of the Peace for fuch County or District, the faid Juftices
having regard to the Price of Hay and Oats at the Time of fixing
fuch additional Rates; for which refpective Sums fo received the faid
Conftable or Petty Conftable is hereby required to give a Receipt in
Writing (which Receipt need not be ftamped) to the Perfon or
Perfons paying the fame: And fuch Conftable, or Petty Constable,
fhall order and appoint fuch Perfon or Perfons, having Carriages
within their refpeétive Liberties, as they fhall think proper, to provide
and furnish fuch Carriages and Horfes and Oxen and Men, according
to the Warrant aforefaid, who are hereby required to provide and
furnish the fame accordingly; and no Perfon owning or driving, or
caufing to be driven, any fuch Waggon, Wain, Cart, or other Carriage,
fhall be fubject to any Penalty or Forfeiture, nor fhell any fuch
Waggon, Wain, Cart, or other Carriage be ftopped or detained by
reafon of any Weight in any fuch Waggon, Wain, Cart, or other
Carriage, or of being drawn by any Number of Horfes or Oxen; but
it fhall be lawful for any Owner of any fuch Waggon, Wain, Cart,
or other Carriage to put any additional Number of Horfes or Oxen
to those prescribed or paid for under this Act; any Thing in any Ac
or Acts of Parliament relating to Highways or Turnpike Roads, or
any particular Highway or Road, to the contrary notwithitanding:
And if any Military Officer or Officers, for the Ufe of whofe Regi-
ment, Detachment, Troop, or Company, the Carriage was provided,
fhall force and conftrain any Waggon, Wain, Cart, or Carriage, to
travel beyond the Distance ipecified in the Magistrate's Warrant, or
fhall not discharge the fame in due Time for their Return Home on
the fame Day, if it be practicable, or fhall fuffer any Soldier or Servant

(except

་

(except fech as are fick), or any Woman, to ride in the Waggon, Wain. Cart, or Carriage aforefaid; or fhall force any Conftable, or Petty Contable, by Threatenings or menacing Words to provide Saddle Horfes for themfelves or Servants, or fhall force Horfes from the Owners, by themselves, Servants, or Soldiers; every fuch Officer, for every fuch Offence, fhall forfeit the Sum of Five Pounds; Proof thereof being made upon Oath before Two of His Majesty's Juftices of the Pace of the fame County or Riding, who are to certify the fa e to the Paymaster-general, or other refpective Paymaster of His Majefty's Forces, who is hereby required to pay the aforefaid Sum of Five Pounds, according to the Order and Appointment under the Hinds and Seals of the aforefaid Jeftices of the Peace of the fame County or Riding, and is hereby empowered to deduct the fame out of fuch Officer's Pay: Provided always, that in Cafes where the Day's Further ComMarch of the Troops fhall exceed Fifteen Miles, fuch further Com- penfation to be pesfation fhall be made and paid in like Manner to the Owners of made for Carthe faid Carriages as fhall be deemed reafonable by the Magiftrate riages, in Cafes who granted the Warrant for impreffing them, not exceeding the not return the ufual Rate and Hire of fuch Carriages: Provided alfo, that every fame Day on Order of the Juftices aff-mbled at any General Seffions of the Peace which impreffed. fixing a further Sum to be paid for the Hire of Carriages as aforefid, in addition to the cuftomary Rates of One Shilling, and Ninepence, and Sixpence per Mile refpectively, fhall fpecify the Period for which the fame fhal be in force, and which fhall not in any Cafe exceed Ten Days beyond the General Seffions of the Peace for fuch County or Dirict next enfuing the Date of fuch Order; and a Copy of every fuchs Order, figned by the Chairman or Pretiding Magiftrate, and Ohe other Juftice of the Peace or Magiftrate at the Quarter Seffions at which the fame fhall be made, fhall, within Three Days after the making thereof, be tranfmitted to the Secretary at War; and no fuch Order fhall be valid or effectual, unless a Copy thereof be fo figned and tranfmitted as aforefaid.

where they can◄

"§ 59, 60, 61, are the fame as § 58, 59, 60, of 48 G. 3. c. 15. LXII. And Whereas in confequence of certain Exemptions from Officers and Tol, exprefsly allowed by feveral Acts of Parliament for His Soldiers, &c. Majelly's Forces on their March, or on Duty, and for the Horfes on Duty, and Carriages emand Carriages attending them. Doubts have arifen whether in all ployed in His Cafes not fo exempted, the Officers and Soldiers, and the Carriages, Majefty's Ser• and Horf-s, belonging to His Majesty or employed in His Service, vice, exempted and returning therefrom, may not be charged with the Payment of from Payment Tolis: Therefore for obviating fuch Doubts, it is hereby enacted of Tolls; and declared. That all His Mjetty's Officers and Soldiers, and their Horfes, on Duty, or on their March, and all Carriages and Horles belonging to His Majesty, or employed in his Service, and returning therefrom, or employed in His Service, when conveying the Officers, Soldiers, Servants, Women, Children, or other Perfons of or belonging to His Majelly's Forces; or the Arms, Clothes, Accoutrements, Teats, Baggage, and other Equipage, of or belonging to His Majefty's Forces on their Marches, or any Ordnance, or Barrack, or Commariat. or other Publick Stores of or belonging to His Majefty, or for the Ule of His Majesty's Forces, or returning therefrom, were and are, and fhall be exempted from Payment of any Duties and Tolls, otherwile demandable by virtue of any Act of Parliament already

made