Sentence and

Majesty; and the Oaths administered to the several Members of the Court-martial shall be in the Terms prescribed by the same Act. XXXII. And be it further enacted, That the Party tried by The Party tried any General Court-martial within Europe (except in the Garrison entitled to a of Gibraltar) shall be entitled to a Copy of the Sentence and Copy of the Proceedings of such Court-martial, upon Demand thereof made Proceedings of by himself or by any other Person or Persons on his Behalf (he the Courtor they paying reasonably for the same), at any Time not sooner martial. than Three Months after such Sentence; and in case of Trial by any General Court-martial at Gibraltar, at any Time not sooner than Six Months after the Sentence given by such Court-martial; and in case of Trial by any General Court-martial in His Majesty's other Dominions beyond the Seas, or in Foreign Parts, at any Time not sooner than Twelve Months after the Sentence given by such Court-martial, whether such Sentence be approved or not; any thing in this Act to the contrary notwithstanding.

transmitted to the Judge Advocate

XXXIII. Provided always, and be it enacted, That every Judge Proceedings, Advocate or Person officiating as such at any General Court- &c. of Courtsmartial do and he is hereby required to transmit, with as much martial to be Expedition as the Opportunity of Time and Distance of Place can admit, the original Proceedings and Sentence of such Courtmartial to the Judge Advocate General in London; and the said original Proceedings and Sentence are to be carefully kept and preserved in the Office of the said Judge Advocate General, to the end that the Persons entitled thereto may be enabled, upon Application to such Office, to obtain Copies thereof, according to the true Intent and Meaning of this Act.

General.

Proceedings of Courts, &c. not liable to Stamp

Duty.

XXXIV. Provided also, and be it further enacted and declared, That none of the Proceedings of any General or Regimental Courtmartial, nor any Entry or Copy thereof, shall be charged or chargeable with any Stamp Duty whatsoever; any thing contained in any former Act or Acts to the contrary notwithstanding. XXXV. And be it further enacted, That it shall and may be His Majesty lawful to and for His Majesty to form, make, and establish Articles empowered to of War for the better Government of His Majesty's Forces; which make Articles Articles shall be judicially taken notice of by all Judges, and in all Courts whatsoever.

of War.

Copies of Articles of War to be transmitted to the Judges, &c.

XXXVI. And for the more effectual Notification thereof to the several Judges and Persons hereinafter mentioned, be it further enacted, That Copies of all such Articles of War, printed by the King's Printer, shall from time to time, as soon as conveniently may be after the same shall have been made and established by His Majesty, be transmitted by His Majesty's Secretary at War for the Time being, signed with his own Hand and Name, to the Judges of His Majesty's Superior Courts at Westminster, Dublin, and Edinburgh respectively, and also to the Governors of His Majesty's Colonies, Plantations, and Territories abroad. XXXVII. And be it further enacted, That for bringing Of fenders against such Articles of War to Justice, it shall be lawful for His Majesty to erect and constitute Courts-martial, as well as to grant His Royal Commissions or Warrants to the Persons and in the Manner herein mentioned and expressed for convening and martial. authorizing others to convene Courts-martial, with Power to try, hear, and determine any Crimes or Offences by such Articles of

War,

His Majesty to constitute and

to authorize

others to con

vene Courts

War, and to inflict Penalties by Sentence or Judgment of the same, as well within the United Kingdom of Great Britain and Ireland, in Jersey, Guernsey, Alderney, Sark, or Man, and the Islands thereto belonging, as in His Majesty's Garrison of Gibraltar, and in any of His Majesty's Dominions beyond the Seas, or elsewhere beyond the Seas.

XXXVIII. Provided always, That no Person shall, by such Articles of War, be subject to any Punishment extending to Life or Limb, within the United Kingdom of Great Britain and Ireland, Jersey, Guernsey, Alderney, Sark, or Man, or any of the Isles thereto belonging, for any Crime which is not expressed to be so punishable by this Act; nor for such Crimes as are expressed to be so punishable, in any Manner, or under any Regulations, which shall not accord with the Provisions of this Act.

XXXIX. Provided always, and be it further enacted, That if any Officer or Soldier, or any other Persons subject to the Provisions of this Act, shall in any of His Majesty's Dominions beyond the Seas, or elsewhere beyond the Seas, commit any of the Offences for which he may be liable to be tried by Courts-martial by virtue of this Act, and shall after the Commission of any such Offence go or be sent to any other Station or Part of His Majesty's Dominions in the Course of Service abroad, or come or be brought into this Realm, or into Jersey, Guernsey, Alderney, Sark, or Man, or the Islands thereto belonging, before he be tried by a Court-martial for such Offence, such Officer or Soldier or other Person shall be tried and punished for the same at such other Station or Part of His Majesty's Dominions, or within the Realm, or any such Island as aforesaid, as if the Offence had been committed where such Trial shall take place.

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XL. And Whereas it is of essential Importance, as well to the due Observance of public Economy as to the Discipline of His Majesty's Forces, that they should be regularly mustered, and that the Musters should be taken with the strictest Accuracy ' and Exactness;' Be it therefore enacted, That Musters shall be made, had, or taken of every Regiment, Troop, or Company in His Majesty's Service Twice at the least in every Year, at such Times as shall be appointed.

XLI. And be it further enacted, That no Officer shall muster any Regiment, Troop, or Company within the City of Westminster and Borough of Southwark, and Liberties thereof, but in the Presence of Two or more Justices of the Peace, not being Officers of the Army, under the Penalty of Fifty Pounds, and of being discharged from his Office, unless such Justices, upon Forty eight Hours Notice being given to Six of His Majesty's Justices of the Peace residing within the City and Liberties aforesaid respectively, shall neglect to attend such Muster; and in case of such Neglect, such Officer may proceed to muster such Regiment, Troop, or Company; provided that Oath be made before any of His Majesty's Justices of the Peace, within Forty eight Hours after such Muster taken, that such Notice was given to Six Justices of the Peace as aforesaid; which Justices so attending are hereby empowered to sign the said Muster Rolls, and to take Recognizance of such Muster, and to examine the Truth thereof before they sign the same.

XLII. Pro

XLII. Provided always, and be it further enacted, That all Muster Rolls Muster Rolls and Pay Lists which are required to be verified and Pay Lists upon Oath, shall be sworn before and be attested by any Justice to be verified on Oath, and atof the Peace or Magistrate, who are hereby authorized and re- tested by a quired to administer such Oath, and attest the same, without Pay- Magistrate ment of any Fee or Reward whatever in respect thereof, either to without Fee. such Justice or Magistrate, or the Clerk of any such Justice or Magistrate.

XLIII. And for preventing of Fraud and Deceit in the muster

Soldiers from

Musters.

ing of Soldiers; Be it further enacted, That if any Person shall Penalty on givmake or give, or procure to be made or given, any false or untrue ing false CertiCertificate, whereby to excuse any Soldier for his Absence from ficates to excuse any Muster, or any other Service which he ought to attend or perform, upon Pretence of such Soldier being employed on some other Duty of the Regiment, or being Sick, in Prison or on Furlough; then every such Person so making, giving, or procuring such Certificate, shall for every such Offence forfeit the Sum of Fifty Pounds, and shall be forthwith cashiered and displaced from his Office, and shall be thereby utterly disabled to have or hold any Military Office or Employment within this Realm, or in His Majesty's Service; and no Certificate shall excuse the Absence of any Soldier, but for the Reasons above mentioned, or one of them.

&c.

XLIV. And be it further enacted, That every Officer that shall Penalty on Ofmake any false or untrue Muster of Man or Horse, or shall wit- ficers making tingly or willingly allow or sign the Muster Roll wherein such false Musters, false Muster is contained, or any Duplicate thereof; and also every Officer who shall directly or indirectly take or cause to be taken any Sum or Sums of Money, or any other Gratuity, on or for the mustering any Regiment, Troop, or Company, or on or for the signing of any Muster Rolls or any Duplicate thereof, upon Proof thereof upon Oath made by Two Witnesses before a General Court-martial to be thereupon called (which is hereby authorized and required to administer such Oath), shall for such Offence be forthwith cashiered, and shall be thereby utterly disabled to have or hold any Civil or Military Office or Employment within the United Kingdom of Great Britain and Ireland, or in His Majesty's Service.

XLV. And be it further enacted, That if any Officer shall Penalty on knowingly muster any Person by a wrong Name, upon Con- Officers musviction thereof before a General Court-martial, the said Officer tering Persons shall be subject to such Penalties as are directed and inflicted by Names. by wrong this Act upon those who shall make false Musters.

falsely mus

XLVI. And be it further enacted, That if any Person shall be Penalty on Perfalsely mustered, or offer himself falsely or deceitfully to be mus- sons offering tered, upon Proof thereof made upon Oath by Two Witnesses be- themselves to be fore any Justice of the Peace for the County residing near the tered. Place where such Muster shall be made, and upon Certificate thereof in Writing, under the Hand of the Officer appointed to take the Muster, made to such Justice of the Peace, the said Justice is hereby authorized and required to commit such Offender to the House of Correction, there to remain for the Space of Ten Days; and if any Person shall wittingly or willingly lend or Horses falsely furnish any Horse to be mustered which shall not truly belong mustered to be

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to forfeited, &c.

to the Trooper or Troop so mustered, the said Horse so falsely mustered shall be forfeited to the Informer, if the same doth belong to the Person lending or furnishing the said Horse, or otherwise the Person lending or furnishing the said Horse shall forfeit the Sum of Twenty Pounds, upon Oath made by Two Witnesses, before some Justice of the Peace residing near to the Forfeiture how Place where such Muster shall be made; which Twenty Pounds to be levied. shall be levied by Warrant under the Hand and Seal of the said Justice by Distress and Sale of the Goods and Chattels of the Person so offending, rendering the Overplus (if any be) to the Owner; and in case such Offender shall not have sufficient Goods and Chattels whereon Distress may be made to the Value of the Penalty to be recovered against him, or shall not pay such Penalty within Four Days after such Conviction, then and in such Case such Justice shall and may, by Warrant under his Hand and Seal, either commit such Offender to the Common Gaol, there to remain without Bailor Mainprize for the Space of Three Months, or cause such Offender to be publicly whipped, at the Discretion of such Justice; and the said Forfeiture shall be given or paid to such Person or Persons that shall give Information thereof; and the said Informer or Informers, if belonging to the Service, shall have a Right to be discharged forthwith, if he or they shall demand the same.

Soldiers giving
Information of

false Musters
entitled to
Discharge.
Muster Rolls
Ten Miles
distant from

London, to be closed within 24 Hours after the Muster, and

returned within Seven Days to the Secretary at

War.

Recital of the
Petition of

&c.

XLVII. And be it further enacted, That in Great Britain, the Officer who shall be appointed to take the Half-yearly Muster of any Regiment, Troop, or Company in His Majesty's Service at any Place Ten Miles distant from London, shall close the Muster Rolls of the said Regiment, Troop, or Company within Twenty four Hours after such Muster shall have been made, and shall return the Rolls so taken by the Post or other safe Conveyance, within Seven Days after their being closed, to the Secretary at War, and shall also, if required so to do, send One Copy thereof to the Paymaster General of His Majesty's Land Forces, and One Copy thereof to the Comptrollers of the Accounts of the Army, on or before the First Day of May and Twenty ninth Day of September respectively following such Half-yearly Muster; and no Alterations or Indorsements shall be made in or upon the said Muster Rolls, other than in the Case of Orders of Leave or Dates of Commissions, and other than involuntary Errors or literal Mistakes in Writing or transcribing the said Muster Rolls, upon pain of forfeiting the Employment of such Officer, as also the Sum of Twenty Pounds for every such Offence to any Ferson who shall sue for the same.

• XLVIII. And Whereas by The Petition of Right, in the Third Year of King Charles the First, it is enacted and declared, that Right, 3 Car.1. the People of the Land are not by the Laws to be burthened with the sojourning of Soldiers against their Wills; and by a Clause in an Act of the British Parliament, made in the Öne and thirtieth Year of the Reign of King Charles the Second, for granting a Supply to His Majesty of Two hundred and six thousand four hundred sixty two Pounds Seventeen Shillings and Three Pence for paying and disbanding the Forces, it is declared and enacted, that no Officer, Civil or Military, nor other Person whatsoever, should from thenceforth presume to place, quarter,

6

'or

Inns, Ale

Houses, &c.;

or billet any Soldier or Soldiers upon any Subject or Inhabitant of this Realm, of any Degree, Quality, or Profession whatsoever ' without his Consent; and that it shall and may be lawful for any Subject, Sojourner, or Inhabitant, to refuse to quarter any Soldier or Soldiers, notwithstanding any Demand or Warrant, 'or Billetting whatsoever: But forasmuch as at this Time, and during the Continuance of this Act, there is and may be Occasion for the marching and quartering of Regiments, Troops ' and Companies in several Parts of the United Kingdom of Great • Britain and Ireland ;' Be it further enacted, That for and during Constables, &c. the Continuance of this Act, and no longer, it shall and may be in England to lawful to and for the Constables, Tithingmen, Headboroughs, and quarter Officers other Chief Officers and Magistrates of Cities, Towns, and Villages, and Men in and other Places within England, Wales, and the Town of Berwick-upon-Tweed, and in their Default or Absence, for any One Justice of the Peace inhabiting in or near any such City, Town, Village, or Place, and for no others; and such Constables and other Chief Magistrates as aforesaid are hereby required to quarter and billet the Officers and Soldiers in His Majesty's Service, and Persons receiving Pay in His Majesty's Army, in Inns, Livery Stables, Alehouses, Victualling Houses, and the Houses of Sellers of Wine by Retail, whether British or Foreign, to be drank in their own Houses or Places thereunto belonging, other than and except Canteens held and occupied under the Authority of the Commissioners for the Affairs of Barracks or of the Department of the Ordnance, and other than and except Persons who keep Taverns only, being Freemen of the Company of Vintners of the City of London, who were admitted to their Freedom before the Fifth Day of July One thousand seven hundred and fifty seven, or who since have or shall hereafter be admitted to their Freedom of the said Company, in Right of Patrimony or Apprenticeship, notwithstanding such Persons who keep Taverns only. have taken out Victualling Licences; and all Houses of Persons selfing Brandy, Strong Waters, Cider, or Metheglin by Retail to be drank in Houses, other than and except the House or Houses but in no Disany Distillers, who keep Houses or Places for distilling Brandy tillers or Shopand Strong Waters, and the House of any Shopkeeper whose prin- keepers Houses, cipal Dealing shall be more in other Goods and Merchandize than in Brandy and Strong Waters (so as such Distillers and Shopkeepers do not permit or suffer Tippling in his or their Houses) and in no other, and in no private Houses whatsoever; nor shall any more Billets at any Time be ordered than there are effective Soldiers present to be quartered; all which Billets, when made out by such Chief Magistrates or Constables, shall be delivered into the Hands of the Commanding Officer present; and if any Constable, Tithingman, or such like Officer or Magistrate as aforesaid, shall presume to quarter or billet any such Officer or Soldier in any such private House, without the Consent of the Owner or Occupier, in such Case such Owner or Occupier shall have his or their Remedy at Law against such Magistrate or Officer for the Damage that such Owner or Occupier shall sustain thereby; and if any Military Officer shall take upon him to quarter Penalty on Soldiers otherwise than is limited and allowed by this Act, or Officers quarshall use or offer any Menace or Compulsion to or upon any

of

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or in any private Houses.

Remedy against Constables, &c. quartering Soldiers in private Houses, &c.

tering Soldiers Mayors, Act, &c. contrary to this