wheeled Car

riages let to

hire, and also Vessels.

Realm;' Be it therefore further enacted, That it shall be lawful In Cases of for His Majesty, or such Lord Lieutenant or Chief Governor or Emergency Governors in Ireland, by his or their Order, distinctly stating Justices may be that such Case of Emergency doth exist, signified by the Secre- issue Warrants required to tary at War, or, if in Ireland, by the Chief Secretary, or in for providing his Absence by the Under Secretary for the Civil Department, Saddle Horses or the First Clerk in the Military Department for the Time being, and Fourto any General or Field Officer commanding His Majesty's Forces in any District or Place, or to the Agent for the Supply of Stores and Provisions at Home, or Person acting in that Capacity, to authorize such General or Field Officers or Agent as aforesaid, or Person aforesaid, by Writing under his Hand, reciting such Order of His said Majesty, or Lord Lieutenant or Chief Governor aforesaid, to require all Justices of the Peace within their several Counties, Ridings, Divisions, Cities, Liberties, and Precincts in England, Ireland, Wales, and the Town of Berwick-upon-Tweed, to issue his or their Warrant or Warrants for any of the Purposes hereinafter mentioned; and such Justice or Justices shall, when and as often as such Requisition in Writing as last mentioned shall be brought and shewn unto any One or more of such Justices, by the Quartermaster, Adjutant, or other Officer of the Regiment, Detachment, Troop, or Company so ordered to be conveyed, or by any Officer in the Commissariat Department, to issue out his or their Warrant or Warrants to the Constable or Petty Constables of the County, Division, Riding, City, Liberty, Hundred, and Precinct from, through, near, or to which such Regiment, Detachment, Troop, or Company shall be so ordered to be conveyed, requiring them to make such Provision, not only of Waggons, Wains, Carts, and Cars, kept by or belonging to any Person or Persons, and for any Use or Purpose whatsoever, but also of Saddle Horses, Coaches, Chaises, and other Four-wheeled Carriages usually let to Hire, or kept for that Purpose; and also of Boats, Barges, and other Vessels used for the Carriage of Coals, Stone, Lime, Manure, or of Goods, Wares, or Merchandizes, or any other Articles or Commodity whatsoever, upon any Canal or navigable River, with able Men and Horses to drive, navigate, and draw the same, as shall be mentioned in the said Warrant or Warrants, therein specifying the Place or Distance to which such Horses, Carriages, Boats, Barges, or other Vessels, and Men, shall go and be conveyed, and allowing such Constables sufficient Time to make such Provisions, that the neighbouring Parts may not always bear the Burthen; and in case such sufficient Carriages, Horses, Boats, Barges, or other Vessels, and Men, cannot be provided within any such County, Riding, Division, Hundred, City, Liberty, or Precinct, then the next Justice or Justices of the Peace of the next County, Riding, Division, City, Liberty, or Precinct shall, upon such Requisition in Writing as last aforesaid being brought or shewn to any One or more of them, by any of the Officers aforesaid, issue his or their Warrant or Warrants to the Constables or Petty Constables of such next County, Riding, City, Liberty, Division, Hundred, or Precinct, for the Purposes last aforesaid, to make up such Deficiency; and the aforesaid Officer or Officers, who by virtue of the aforesaid Warrant or Warrants from the Justice or Justices of the Peace, are to demand D 3

the

Officers

demanding them to pay for their Hire such Sums as the

Justices shall direct.

Constable to give a Receipt without Stamp,

and to order the Horses, &c. to be provided.

the Carriages, Horses, Boats, Barges, or other Vessels therein mentioned, of the Constable or Petty Constable to whom the said Warrant or Warrants shall be directed, is and are hereby required at the same Time to pay down in Hand to the said Constable or Petty Constable, for the Use of the Person or Persons who shall provide such Carriages, Horses, Boats, Barges, or other Vessels, and Men, such reasonable Sum and Sums of Money as the said Justice or Justices shall in and by his or their said Warrant or Warrants order and direct, not exceeding the usual Rate and Hire of such and the like Carriages, Horses, Boats, Barges, or other Vessels, and Men, according to the Length of the Journey or Voyage in each particular Case, but making no Allowance for Post Horse Duty, or Turnpike, Canal, River, or Lock Tolls (which Duty or Tolls are hereby declared not to be demandable or payable in such and the like Cases for any such Carriages, Horses, Boats, Barges, and other Vessels, whilst employed in such Service, or returning therefrom); for which said respective Sum and Sums so received, the said Constable or Petty Constable is hereby required to give a Receipt in Writing (but without any Stamp) to the Person or Persons paying the same; and such Constable or Petty Constable shall order and appoint such Person or Persons having such Horses, Carriages, Boats, Barges, or other Vessels, and Men, within their respective Liberties as they shall think proper, to provide and furnish such Horses, Carriages, Boats, Barges, or other Vessels, and Men, according to the Warrant or Warrants aforesaid, who are hereby required to provide and furnish the same accordingly; and it shall and may be lawful in such Cases to and for all and every Military Officer and Officers, for the Use of whom, or of whose Regiment, Detachment, Troop, or Company, such Horses, Carriages, Boats, Barges, or other Vessels shall be provided, in such Cases to carry and convey, and permit to be carried and conveyed, on the same respectively, not only the Arms, Clothes, Accoutrements, Baggage, Tents, and other men, Children, Equipage of such Regiment, Detachment, Troop, or Company, but also the Officers, Soldiers, Servants, Women, Children, and other Persons of and belonging to the same, any thing herein contained to the contrary thereof notwithstanding; but if any such Officer Officers forcing or Officers shall force and constrain any Horse, Carriage, Boat, Horses, &c. to travel beyond Barge, or other Vessel, to travel or proceed beyond the Distance the Distance or Place to be allowed and specified in such Warrant or Warspecified in rants, without the special Licence or Order of One or more other Warrant with- such Justice or Justices of the Peace in that Behalf, and which out Licence. Licence or Order One or more of such Justices is and are hereby authorized and required to give and make at his and their reasonable Discretion, every such Officer for every such Offence shall forfeit the Sum of Five Pounds, Proof thereof being made upon Oath before Two of His Majesty's Justices of the Peace of the same County or Riding, Division, City, Liberty, or Precinct, who are to certify the same to the Secretary at War, who is hereby authorized and required to give Order for Payment of the aforesaid Sum of Five Pounds according to the Order and Appointment under the Hands and Seals of the aforesaid Justices of the Peace of the same County, Riding, Division, City, Liberty, or Precinct, and for deducting the same out of such Officer's Pay. LXXVIII. Pro

Horses to convey Arms, Clothes, Accoutrements, Baggage, Equipage, Officers, Soldiers, Wo

&c.

Penalty on

12

LXXVIII. Provided always, and be it further enacted, That No Waggon or no Waggon, Wain, Cart, or Carriage, impressed by Authority of Carriage to this Act, shall be liable or obliged by virtue of this Act to carry carry above above Thirty Hundred Weight; any thing in this Act contained Thirty Hundred Weight. to the contrary notwithstanding.

LXXIX. Provided also, and be it further enacted, That no Owner of any such Carriage in Ireland shall be compelled or obliged to take any Loading until the same shall be first duly weighed at the Expence of the Owner or Owners of such Carriage, if he or they shall think fit, and if the same can be done in a reasonable Time without Let or Hindrance of His Majesty's Service; and if any Officer requiring such Carriage shall force or compel the Owner to take any Loading until the same shall be first duly weighed, if the same can be done in a reasonable Time as aforesaid, or shall, contrary to the Will of the Owner of such Carriage, or his Servant, put or permit any Person whatsoever to put any greater Load upon any Carriage than is hereinafter directed, either at the Time of Loading or on the March, every such Officer shall for every such Offence forfeit the Sum of Twenty Shillings to the Party injured, upon such Proof and in such Manner as is hereinbefore appointed.

Owners of Carriages in Ireland not obliged to take Loading till it is weighed.

Ireland shall

LXXX. And be it further enacted, That no Car impressed by Limiting the Authority of this Act in Ireland shall be liable or obliged to Weight which carry above Six Hundred Weight, and that no Dray so im- Carriages impressed shall be liable or obliged to carry more than Twelve pressed in Hundred Weight; and if the Owner shall consent to carry above be obliged to Six Hundred Weight, or Twelve Hundred Weight respectively, carry. on any Carriage, he shall be allowed and paid at the Rate aforesaid for every Hundred above the Weight of Six Hundred Pounds, or Twelve Hundred Pounds, put on his Carriage, according to the Nature and Description thereof; and the Owner or Owners of such Carriage or Carriages shall not be compelled or obliged to proceed with such Carriage or Carriages under the Sum of Three Pence for each Mile or reputed Mile for each Car, or Sixpence a Mile for each Day, at the least, in case he or they shall be required to carry a less Weight on such Carriage or Carriages than the Weights hereinbefore appointed for the same respectively.

LXXXI. And be it further enacted, That whenever any Troops Notice to be or Companies of Soldiers shall receive Orders to march from given to the Dublin, and that it shall be necessary to impress Carriages for that Lord Mayor of Purpose, Notice shall be given to the Lord Mayor of the City Dublin, before of Dublin at least Twenty four Hours before the March of such Troops out of Troops or Companies of Soldiers out of the said City, or, in case that City, to of Emergency, as long before such March as the Nature of the provide CarCase shall permit, of the Number of Troops, Companies or Sol- riages. diers appointed to March; whereupon the Lord Mayor for the Time being shall summon a proportionable Number of Cars or Drays, or either of them, at his Discretion, out of the Licensed Cars, Drays, and other Cars and Drays, within the County of the said City, and so from time to time the said Cars and Drays are by Turns to be employed in carrying the Baggage of such Troops or Companies, at the Prices and under the Regulations hereinbefore mentioned; and it is hereby directed, that no Country Cars, Drays,

Penalty on Constable, &c. for Neglect.

One Third of

Rate to be paid before Carriages proceed on the

March.

or other Carriages coming to any of the Markets in Ireland, shall be detained or employed against the Will of the Owners, in carrying the Baggage of the Army, on any Pretence whatsoever.

LXXXII. And be it further enacted, That if any High Constable or Petty Constable shall wilfully neglect or refuse to execute such Warrant or Warrants of the Justices of the Peace as shall be directed unto them for providing Carriages, Horses, Boats, Barges, and other Vessels as aforesaid; or shall demand or receive, for the Use of the Owners furnishing such Waggons, Wains, Carts, Cars, or Carriages, more than the Rates hereinbefore allowed respectively; or if any Person or Persons appointed by such Constable or Petty Constable to provide or furnish any Carriage, Man, Horse, Boat, Barge, or other Vessel, shall refuse or neglect to provide the same; or if such Person or Persons, or any other Person or Persons whomsoever, shall wilfully do any Act or Thing whereby the Execution of any such Warrant shall be hindered or frustrated, every such Constable or other Person or Persons so offending shall for every such Offence forfeit any Sum not exceeding Five Pounds, nor less than Forty Shillings, to the Use of the Poor of such Parish or Parishes adjoining to the Parish where such Offence shall be committed, as shall be fixed upon by the Justice or Justices by whom such Offence shall be inquired of, heard, and determined; and all and every such Offence and Offences shall and may be inquired of, heard, and finally determined by any One of His Majesty's Justices of the Peace dwelling in or near the Place where any such Offence shall be committed, who has hereby Power to cause the said Penalty to be levied by Distress and Sale of the Offender's Goods and Chattels, rendering the Overplus (if any) to the Owners.

LXXXIII. And be it further enacted, That the Officer commanding the Party for whose Use any such Carriage or Horse shall be impressed in Ireland is hereby required, before the Owner of any Carriage or Horse in Ireland shall be compelled to take any Loading, or be forced to proceed on the March with his Carriage, to pay or cause to be paid down in Hand to the Owner of such Carriage or Horse, or to his Servant, One Third Part of the full Sum to which the Owner of such Carriage or Horse would be entitled for the March in the said Warrant directed to be made, according to the Rate so fixed for the same as aforesaid; and every such Payment shall be made, if required, in the Presence of a Justice of the Peace, Constable, or Petty Constable.

LXXXIV. And Whereas, in consequence of certain Exemptions from Toll expressly allowed by several Acts for His Majesty's Forces on their March or on Duty, and for the Horses and Carriages attending them, Doubts have arisen whether in all Cases not so exempted, the Horses and Soldiers, and the Carriages and Horses belonging to His Majesty, or employed in His Majesty's Service, and returning therefrom, may not be charged with the Payment of Tolls; Therefore, for obviating such Doubts, it is hereby enacted and declared, That all His Majesty's Officers and Soldiers, being in proper Staff or Regimental Uniform, and their Horses, on Duty or on their March, and His Majesty's all Carriages and Horses belonging to His Majesty, or employed

Officers and

Soldiers, &c. on Duty, and Carriages, &c. employed in

in His Service, and returning therefrom, or employed in His Service, exService, when conveying the Officers, Soldiers, Servants, Women, empted from Children or other Persons of or belonging to His Majesty's Payment of Tolls; Forces, or the Arms, Clothes, Accoutrements, Tents, Baggage, and other Equipage of or belonging to His Majesty's Forces on their Marches, or any Ordnance, or Barrack, or Commissariat or other Public Stores of or belonging to His Majesty, or for the Use of His Majesty's Forces, or returning therefrom were and are and shall be exempted from Payment of any Duties and Tolls otherwise demandable by virtue of any Act already made, or hereafter to be made, for Persons, Horses, or Carriages, or any Baggage of any Troops embarking or disembarking from or upon any Pier, Wharf, Quay, or Landing Place, or passing Turnpike Roads or Bridges, unless by such Act it has been or shall unless where it be expressly provided that the said Officers, Soldiers, Carriages, is provided and Horses are and shall be liable equally with others to the Duties and Tolls therein authorized to be demanded and taken: Provided always, that nothing herein contained shall exempt from the Payment of Tolls any Boats, Barges, or other Vessels employed in conveying the Officers, Soldiers, Servants, Women, Children, or other Persons of or belonging to His Majesty's Forces, or the Arms, Clothes, Accoutrements, Tents, Baggage, and other Equipage of or belonging to His Majesty's Forces, or any Military Stores, along any Canal; but the same shall be liable to Toll in like Manner as other Boats, Barges, and Vessels are liable thereto.

6

6

.LXXXV. And Whereas the respective Sums of Money by this Act appointed to be paid to the Constables by the Officers demanding such Carriages, Horses, Boats, Barges, or Vessels, may not in many Cases be sufficient to answer the Charge and Expence of providing the same, insomuch that the said Con'stables may frequently be at great Charges over and above what is received by them of the said Officers, to the great Burthen of the Townships of which they are Constables, or else the Persons providing such Carriages are grievously oppressed;' For Remedy whereof, and that the said Overplus Charge may be borne by each County or Riding at the general Charge of such County or Riding, be it further enacted, That the Treasurer or Treasurers of such respective County or Riding shall, without Fee or Reward, pay unto such Constable all and every such reasonable Sum or Sums of Money so by him paid or laid out for such Carriages, Horses, Boats, Barges, and other Vessels, over and above what was or ought to have been paid by the Officer requiring such Carriages, Horses, Boats, Barges, and other Vesssels, out of the public Stock of such County or Riding, according to such Rates, Orders, Rules, and Directions as the Justices of the Peace in their Quarter Sessions assembled, within their respective Jurisdictions, shall from time to time during the Continuance of this Act make, direct and appoint (which Orders shall be made without Fee or Reward); regard being always had to the Season of the Year, and the Length and Condition of the Ways by and through which such Carriages, Horses, Boats, Barges, and other Vessels are to travel and pass. LXXXVI. And

that they are liable with

others.

Treasurer of the County to repay the Constables extraordinary Charges.