Page:Ruffhead - The Statutes at Large - vol 9.djvu/167

 A. D. 1763. Anno quarto Georgii III. C. 3. iiy Strong Waters, and the Houfe of any Shopkeeper, whofe principal Dealings fhall be more in other Goods and Merchandizes, than in Brandy and Strong Waters (fo as fuch Diftillers and Shop- keepers do not permit or fufFer Tippling in his or their Houfes) and in no other, and in no private Houfes whatfoevex ; nor fhall any more Billets at any Time be ordered, than there are ef- fective Soldiers prefent to be quartered : And if any Conftable, Tythingman, or fuch like Officer p en a!t" on ConftaMer ' or Magiftrate as aforefaid, fhall prefume to quarter or Billet any fuch Officer or Soldier in any fuch &c quartering SoiaierJ private Houfe, without the Confent of the Owner or Occupier ; in fuch Cafe, fuch Owner or Oc- ,n Private Houfes, &c. cupier 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 Penalty on Officers quar- quarter Soldiers otherwife than is limited ancTallowed by this Aft, or fhall ufe or offer any Menace wring Soldiers contrary or Compulfion to or upon any Mayors, Conftables, or other Civil Officers before mentioned, tend- t0 thus Aa > &c ' ing 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 next Juftkes of the Peace of the County, by the Oath of two credible VVit- nefles) be deemed and taken to be ipfo faElo cafhired, and fhall be utterly difabled to have or hold any military Employment within this Kingdom, or in his Majefty's Service ; provided the faid Con- viction be affirmed at the next Quarter Seffions of the Peace of the faid County, and a Certificate thereof be tranfmitted to the Judge Advocate, who is hereby obliged to certify the fame to the next Court-martial ; and in cafe any Perfon fhall find himfelf aggrieved, in that fuch Conftable, Tything- Perfons aggrieved by be- man, or Headborough, chief Officer, or Magiftrate (fuch chief Officer or Magiftrate not being a in s lowered on, may Juftice of the Peace) has quartered or bilietted in his Houfe a greater Number of Soldiers than he ^*l°wl JuMceSi ought to bear in proportion to his Neighbours ; and fhall complain thereof to one or more Juftice or * Juftices of the Peace of the Divifion, 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 Divifion, City, or Liberty, fuch Juftices refpeftively fhall have,, and have hereby Power to relieve fuch Perfon, by ordering fuch and fo many of the Soldiers to be re- moved, 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. XXIII. Provided alfo, and be it further enafted, That no Juftice or Juftices of the Peace, having. No Tuftioe „.„,}„_ any or executing any military Office or Commiffion in that Part of Great Britain called England, fhall or Military Office, to be may, during the Continuance of this Aft, directly or indirectly be concerned in the quartering, bil- concerned in billeting his- leting, or appointing any Quarters for any Soldier or Soldiers in the Regiment, Troop, or Com- Soldiers. pany, under the immediate Command or Commands of fuch Juftice or Juftices, according to the Dif- pofition made for quartering of any Soldier or Soldiers by virtue of this Ail ; but that all Warrants, Acts, Matters, or Things executed or appointed by fuch Juftice or Juftices of the Peace, for orconcern- rngthe fame, fhall be void; any thing in this Act contained to the contrary notwithstanding. XXIV. Provided neverthelefs, and it is hereby enafted, That the Officers and Soldiers fo quar- Officers and Foldiers t > tered and billeted as aforefaid, fhall be received and furnifhed with Diet and Small Beer by the Ow- P. 3 v Rates fortheir Pa- pers of the Inns, Livery Stables, Ale-houfes, Viftualling-houfes, and other Houfes in which they are v ' IOns • allowed to be quartered and billeted by this Act ; paying and allowing for the fame the feveral Rates herein after-mentioned to be payable out of the Subfiftence-money for Diet and Small Beer. XXV. Provided always, That in cafe any Innholder or other Perfon on whom any Non-com- what innholdsrs may a!- miffion Officers or private Men fhall be quartered by virtue of this Aft (except on a March, or '? w M 5 n i" 31 '^ ° n ' employed in Recruiting ; and likewife except the Recruits by them raifed, for the Space of feven ' u,ftead ' of miS - Days at moft, for fuch Non-commiffion Officers and Soldiers who are recruiting, and Recruits by them raifed J fhall be defirous to furnifh fuch Non-commiffion Officers or Soldiers with Candles, Vi- negar, and Salt, and with either Small Beer or Cyder, not exceeding five Pints for each Man per Diem, gratis, and allow to fuch Non-commiffion Officers or Soldiers the Ufe of Fire, and the necef- fary Utenfils for dreffing and eating their Meat, and fhall give Notice of fuch his Dcfne to the com- tnanding Officer, and fhall furniih and allow the fame accordingly ; then, and in fuch Cafe, the Non-commiffion Officers and Soldiers fo quartered fhall provide their own Viftuals ; and the Officer to whom it belongs to receive, or that does actually receive, the Pay and Subfiftence of fuch Non- commiffion Officers and Soldiers, fhall pay the feveral Sums herein after mentioned to be payable out of the Subfiftence-money for Diet and Small Beer, to the Non-commiffion Officers and Sol- diers aforefaid, and not to the Innholder or other Perfon on whom fuch Non-commiffion Officers and Soldiers are quartered; any thing herein contained to the contrary notwithftanding. XXVI. Provided always, and be it enacted by the Authority aforefaid, That if any Officer fhall Penalty on taking Mb- take, or caufe to be taken, or knowingly fuffer to be taken, any Money of any Perfon for excufing ney toeioufeany. Pegfay the quartering of Officers or Soldiers or any of them, in any Houfe allowed by this Aft, every from quartering. fuch Officer fhall be cafhiered, and be incapable of ferving in any military Employment whatfoever. XXVII. ' And whereas great Inconveniencies have arifen, and may arife, in fuch Places where Dragoons, &c. and their ' Houfes, and often at great Diftances from one another, contrary to the true Intent and Meaning of ' e ame ou ' this Aft ;' Be it therefore enacted by the Authority aforefaid, That in all Places where Horfe or Dragoons fhall be quartered or billeted in purfuance of this Aft, for the future the Men and their Horfes fhall be billeted in one and the fame Houfes (except in cafe of Neceffity) and that in no other Cafe whatfoever there be lefs than one Man billeted where there fhall be one or two Horfes, nor left;
 * Horfe or Dragoons are or may be quartered, by the billeting of the Men and their Horfes at different f° T f s ' '° be filleted in-