Page:Ruffhead - The Statutes at Large - vol 9.djvu/164

 ii4 C. 3. Anno quarto Georgii III.' A. D. 1763, fence, except in cafe of Court-martial for the fame Offence, unlefs in the Cafe of an Appeal from a regimental to a General Ap|? Court-martial; and that no Sentence given by any Court-martial, and figned by the Prefident thereof, be liable to be revifed more than once. Soldiefs L"m ordinViy?t IX> Provided always, That nothing in this Act contained fhall extend, or be conftrued to exempt Piocefs. anv Officer or Soldier whatfoevcr, from being proceeded againft by the ordinary Courfe of Law. Penalty on falfe Certifi- ^- And, for preventing of Fraud and Deceit in the muftering of .Soldiers, Be it further enacted by cates to excufe Soldiers the Authority aforefaid, That if any Perfon do make or give, or procure to be made t>r given, any from Muftcis. falfe or untrue Certificates, whereby to excufc any Soldier for his Abfence from any Mufter, or any, other Service which he ought to attend or perform, upon Pretence of being employed on fome other Duty of the Regiment, or of Sicknefs, being in Prifon, or on Furlough; that then every fuch Per- fon, fo making, giving, or procuring fuch Certificate, inall, for every fuch Offence, forfeit the Sum of fifty Pounds, and fhall be forthwith cafhiered and difplaced from his Office, and fhall be thereby utterly difabled to have or hold any military Office or Employment within this Realm, or in his Ma- jesty's Service; and no Certificate fhall excufe the Abfence of any Soldier, but for the Reafons above mentioned, or one of them; and the Commiffary of the Mufters is hereby directed to fet down oa the Roll, at the Time of the taking of the Mutter, the Reafon of the Abfence of fuch Soldier re-. fpeclively, and by whom certified; and not to fet down any fuch Excufe, without View of fuch Certificate. Penalty onOfficers ma- XI. And be it further enacted by the Authority aforefaid, That every Officer that fhall make king faMe Mutters, &c. any f a ]f e or untrue Mufter of Man or Horfe, and every Commiffary, Mufter-mafter, or other Offi- cer, who fhall wittingly or willingly allow or fign the Mufter-roll, wherein fuch falfe Mufter is con- tained, or any Duplicate thereof; and alfo every Commiffary, Mufter-mafter, or other Officer, who fhall directly or indirectly take, or caufe to be taken, any Sum or Swms of Money, or any other Gratuity, on or for the muftering any Regiment, Troop or Company, or on or for the figning of any Mufter-rolls, or any Duplicate thereof, upon Proof thereof upon Oath made by two Witneffes before a General Court-martial, to be thereupon called ( which is hereby authorifed and required to adminifter fuch Oath) fhall, for fuch Offence, be forthwith cafhiered and difplaced from fuch his Office, and fhall be thereby utterly difabled to have or hold any civil or military Office or Employ- ment within this Kingdom, or in his Majefty's Service. Micious Names allow- XII. ' And whereas his Majefty has been gracioufly pleafed, in Companion to the diftreffed Con- di- u y 1 o h n S tife aJ Muter? r ' ' dition of f - veral Widows of Officers of the Army, who have loft their Lives in the Service of the rolls for the Mainte- ' ^ ate War, or during the late Rebellion, by Orders made under his Royal Sign Manual, to direct his nance of officers wi- ' Commiffary General of the Mufters, to allow upon the Mufter-rolls of all the Regiments, Troops dows.nottobeconftrued ' a nd Companies, a Number of fictitious Names therein mentioned, inftead of private Men, in or- a falfe Mufter. < der to ra jf e arM ] fettle a Fund for the Maintenance of fuch Widows of Officers as are or fhall be ' intitled to his royal Bounty : And whereas his Majefty has been gracioufly pleafed, under his ' has appointed a Receiver for the Purpofes aforefaid, and directed the Paymafter General and the ' fictitious private Men to fuch Receiver, to be diftributed to fuch Widows, according to his In.- ' ftructions in that Behalf;' Be it further enacted and declared by the Authority aforefaid, That no Allowance of any fuch fictitious Name upon any Mufter-roll fhall be conftrued to be a falfe Mufter; any thing in this Act or any former Act contained to the contrary notwithftandfng. Mufter-mafter to give XIII. And be it further enacted by the Authority aforefaid, That every Commiffary or Mufter- Mavor °& c VIUft ' er W mau:er 5 u pon any Mufter to be made, had, or taken by him or them, fhall, by a convenient Time a y° r > e - before fuch Mufter made, give Notice to the Mayor, or other chief Magiftrate, or Officer of the Place where the faitl Soldiers fo to be muftered fhall be quartered; who is hereby required to be pre- fent at every fuch- Mufter, and give his utmoft Affiftance for the difcovering any falfe or untrue Penalty on Mufter-maf- Mufter there made, or offered to be made; and that every fuch Commiffary or Mufter-mafter, ma- ier negiect.ng 10 to do. kbg Qr takjng ^ Mufterj that ^j. neg]e(a to g j ve f uc h Notice as aforefaid, or fhall refufe to take the Aid and Affiftance of fuch Mayor, chief Magiftrate, or Officer, where the Soldiers to be muftered fhall be quartered, fhall forfeit the Sum of fifty Pounds, and fhall be difcharged from his Mufter-rolls to be figned Q ffice . and no Mufter-roll (ball be allowed, unlefs the fame be figned by the faid Mayor, or other by the Ma?or, &<;. ^ f ]y[ ag; ftrate5 or Officer refpeftively : But in cafe fuch Mayor, chief Magiftrate, or Officer fhall not, upon due Notice given, attend fuch Mufter, or fhall refufe to fign fuchMufter-roll, with- out giving good and fufficient Reafons for fuch his Refufal; that then the Commiffary may proceed to mufter fuch Regiment, Troop, or Company, without incurring the faid Penalty; and fuch Mufter- ■ roll fhall be allowed, though not figned as aforefaid; provided that Oath be made before any of his
 * Royal Sign Manual, to give the like Directions to his Commiffary General of the Marines, and
 * Paymafter of the Marines, by like Orders under his Sign Manual; to pay over the full Pay of fuch
 * Majefty's Juftices of the Peace within forty-eight Hours after fuch Mufter; and the faid Mufter-roll

fhall then be produced, and examined by the faid Juftice of the Peace, who is hereby required to fign the fame, if there fhall appear to be no good or fufficient Objection to the fame. Penalty on Perfon s of- XIV. And be it further enacted by the Authority aforefaid, That if any Perfon fhall be falfly fering tbemfelves to be muftered, or offer himfelf falfly or deceitfully to be muftered, upon Proof thereof made upon Oath falfly muftered. j, y two Witneffes before the next Juftice of the Peace for the County where fuch Mufter fhall be made, and upon Certificate thereof in Writing under the Hand of the Commiffary of the Mufters, or chief Magiftrate, as aforefaid, made to fuch- Juftice of the Peace, the faid Juftice is hereby authorized and required to commit fuch Offender to the Houfe of Correction, there to t H t^ e fofeit y d m te ered ' remain for the s P ace of ten Days;' and if any Perfon fhall wittingly or willingly lend or furnifh ' '' ' any