Page:Ruffhead - The Statutes at Large - vol 9.djvu/165

 A. D. 1763. Anno quarto Georgii III. C. 3. 115 any Horfe to be muftered, which fhall not truly belong to the Trooper or Troop fo muflered ; the faid Horfe fo falfly muftered fhall be forfeited to the Informer, if the fame doth belong to the Perfon lending or furnifhing the faid Horfe ; or otherwife, the Perfon lending or furnifhing the faid Horfe fhall forfeit the Sum of twenty Pounds, upon Oath made by two Witnefles before the next Juftice of the Peace ; which twenty Pounds fhall be levied by Warrant under the Hand and Seal of the faid Forfeiture how to be Juftice, by Diftrefs and Sale of the Goods and Chatties of the Perfon fo offending, rendering the levied. Overplus, if any be, to the Owner ; and in cafe fuch Offender fhall not have fufficient Goods and Chatties, whereon Diftrefs may be made, to the Value of the Penalty to be recovered againft him, or fhall not pay fuch Penalty within four Days after fuch Conviction, then, and in fuch Cafe, fuch Juftice of the Peace fhall and may, by Warrant under his Hand and Seal, either commit fuch Offender to the common Gaol, there to remain without Bail or Mainprize for the Space of three Months, or caufe fuch Offender to be publickly whipt, at the Difcretion of fuch Juftice ; and the faid Forfeiture fhall be to fuch Perfon or Perfons that fhall give Information thereof; and the faid Informer or Informers, if belonging to the Service, fliall have a Right to be difcharged forthwith, if he or they fhall demand the fame. XV. And be it further enacted by the Authority aforefitid, That every Commiffion Officer, Store- Officer embcziiing, &cy keeper, or Commiffary, that fhall embezil or mifapply, or caufe to be embezlled or mifapplied, or Mlll tary Stores ; fhall wilfully, or through Neglect, fuffer any Proviiions, Forage, Arms, Clothing, Ammunition or other military Stores, to be fpoiled or damaged, upon Proof thereof upon Oath made by two WitnefTes, before a General Court-martial (which is hereby authorized and required to adminifter Jv" cafhiered, and for« >ch Oath) fhall be forthwith difmiffed his Majefty's Service, and forfeit the Sum of one hundred ™ a e°toVmadeod~ 'Pounds, and is hereby required to make good, at his own Expence, the Lofs and Damage thereby by'sa^of his Goods fuftained, to be afcertained by fuch Court-martial, which fhall have Power to feize the Goods and and Chatties ; Chatties of the Perfon fo offending, and fell them for the Payment of the faid one hundred Pounds, for Want of Diftrefs, and fuch Damage; and if fufficient Goods and Chatties cannot be found and feized, then the Perfon fo the Perfon to be commit- offending fhall be committed to Prifon, or the common Gaol, to remain there for fix Months with- ted> out Bail or Mainprize, and until he fhall pay fuch Deficiency; and after the faid Sum fhall be recovered Application of the For- and levied, the fame mail be applied and difpofed of as his Majefty fhall direct and appoint. reiture. XVI. And be it further enacted by the Authority aforefaid, That every Commiffary of the Muf- Mufter-mafter, &c. ca- ters, or Mufter-mafter, either of the Land Forces or Marines, making or taking a Mufter, do make king, a Mullet, to make Oath before the Mayor or chief Magiftrate attending the making or taking fuch Mufter as aforefaid, ° ath - if fuch Mayor or chief Magiftrate fo attending be a Juftice of the Peace, or Otherwife before feme other Juftice of the Peace for the County where fuch Mufter fhall be taken (who is hereby autho- rized and required to adminifter the fame without Fee or Reward) in manner and Form following: Td. B. do fwear, That I faw, at the Time of making the within Mufter, fuch Men or Horfes The Oath, ' JL as are borne, and not refpited, on the Mufler-roli, for which Men or Horfes a figned Certifi- ' cate or Certificates are not indorfed on the Back of the Roll, Certifying their being abfent from the ' Mufter by reafon of being employed on fome other Duty of the Regiment, or by being fick, J in Prifon, on Furlough, or at Grafs, or by a figned Leave from the Colonel or Field Officer, or ' Officers commanding the Regiment, Troop or Company. Which Oath the faid Commiffary or Muftcr-riiafler is hereby directed to infert and fubferibe on the Back of the Mufter-roll by him tranfmitted into the Office of the Commiffary General of. the Mufters. XVII. ' And whereas a Doubt hath arifen, whether the Oath directed to be inferted and indorfed ' Majefty King George the Second, for punifhing Mutiny and Defertion, and for the better Payment c of the Army and their Quarters) fhould not only be indorfed and fubferibed on the Back of thofe ' Mufter-rolls which are to remain with the refpective Mufter-mafters General of his Majefty's Land c Forces and Marines, but alfb on the Back of thofe Mufter-rolls which are tranfmitted to the re-- ' fpedtive Paymafters of the faid Land Forces and Marines, and by them returned into the Office, of the Auditors of the Impreft ; to obviate which Doubt,' Be it enacted and declared by the Au- thority aforefaid. That all fuch Mufter-rolls as have been, or fhall be, from Time to Time, tranf- S^ vithofuhi rnitted to the faid Paymaiter General, and by them returned into the Office of the Auditors of the o'ath indorfed' to the Impreft, fince the palling the faid Act, fhall be deemed good and fufficient Vouchers to the faid Paymafers Gcnerai, to Auditors of the Impreft, although the before-mentioned Oath be not inferted and indorfed on the be i° aA Vouchers to the Back of fuch Mufter-rolls ; any thing in the faid Act contained to the contrary in any wife not- Auditor - withftanding. XVIII. And be it further enacted, That if any Paymafter, Agent, or Clerk of any Garrifon, Pena i tv on Agen t, &- e. Regiment, Troop, or Company, fhall wilfully detain or withhold, by the Space of one Month, the detamining Officers or Pay of any Officer or Soldier (Clothes and all other juft Allowances being deducted) after fuch Pay Soldiers Pay. fhall be by him or them received, or if any Officers, having received their Soldiers Pay fhall refufe to pay each refpectiveNon-commiffion Officer and Soldier their refpective Pay, when it fhall become due, ■ I 4 ,™? Rate of leventeen Shillings and fix Pence per Week for each Corporal of Light Horfe; fourteen Weekly Rates. Shi, lings A;- Week for each Trumpeter and private Trooper; nine Shillings and eleven Pence per Week for each Dragoon; nine Shillings and four Pence per Week for each Serjeant ; fix Shillings and two Pence per Week for each Corpora) ; five Shillings per Week for each Drummer ; four Shillings per <^.2 Week
 * on the Back of the Mufter-roll (by the Ait paffed in the twentieth Year of the Reign of his late