Page:Ruffhead - The Statutes at Large - vol 9.djvu/177

 A. D. 1763. Anno quarto Georgii III. C. 3. 127 Perfon or Perfons fo inlifted fhall be forthwith difcharged and fet at Liberty, in the Prefenec of fuch Juftice or chief Magiftrate ; but if fuch Perfon or Perfons fhall refufe or neglect, within the Spice of twenty-four Hours, to return and pay fuch Money, as aforefaid, he or they fhall be deemed and taken to be inlifted, as if he or they had given his or their Affcnt thereto before the faid Juftice or chief Magiftrate; or if fuch Perfon or Perfons (hall declare hi; or their having voluntarily i'nliil.ed himfelf or themfelves, then fuch Jutlice or chief Magiftrate fhall, and he is hereby required forth- with to certify under his Hand, that fuch Perfon or Perfons is or are duly inlifled ;. letting forth the Place of the Birth, Age and Calling of him or them reflectively (if known), and that thefecond and fixth Sections of the Articles of "War againft Mutiny and Defertion were read to him or them, and that he or they had taken the Oath mentioned in the faid Articles of War ; and if any fuch Perfon or Perfons, fo to be certified as duly inlifted, fhall refufe to take the faid Oath of Fidelity before the faid Juftice or chief Magiftrate, it fhall and may be lawful for fuch Officer, from whom he has received fuch Money as aforefaid, to detain or confine fuch Perfon or Perfons, until he or they fhall take the Oath before required ; and every Military Officer that fhall act contrary hereto, or offend herein, fhall incur the like Penalty and Forfeiture as is by this Act to be inflicted upon any Officer for making a falfe and untrue Mufter ; and the Penalty and Forfeiture fhall be levied and recovered m the fame Manner as any Penalties or Forfeitures are by this Act to be levied and recovered. LXX. And be further enacted by the Authority aforefaid, That if any Perfon or Perfons fhall re- Perfons refuting the (Sid ceive the Inlifting-money from any Officer (knowing it to be fuch}, and fhal! abfeond or refufe to go Itel .' e !! t0 be .P roc< j cded ' before fuch juftice or chief Magiftrate, in order to declare his Aflent or Differit, as aforefaid ; fuch j 1 ^ • ™ ** u x Perfon or Perfons fhall be deemed and-taken to be inlifted, to all Intents- and Purpofes whatfoever; and fhall and may be proceeded againft, as if he or they had taken the Oath directed by the faid Ar- ticles of War to be taken before fuch Juftice or chief Magiftrate. LXXI. And, in order to prevent all Doubts that may arife in relation to punifliing Crimes and Offences committed againft former Acts of Parliament, for punifliing Mutiny and Defertion, and for the better Payment of the Army and their Quarters; Be it enacted by the Authority aforefaid, That all Crimes and Offences which have been committed againft any Act for the punifliing Mutiny Offences againft. former and Defertion, and for the better Payment of the Army and their Quarters, fhall and may, during Mutiny Adts punimabfe the Continuation of this prefent Act, be inquired of, heard, tried and determined, adjudged and by thls Aa " puniflied, before and by the like Courts, Perfons, Powers, Authorities, Ways, Means and Methods, as the like Crimes and Offences, committed againft this prefent Act, may be inquired of, heard, tried, determined, adjudged and puniflied. LXXII. Provided always, That no Perfon fhall be liable to be tried or puniflied for any Offence None Iiat,e f ° be tried againft any of the faid Acts, unlefs fuch Offence fhall have been committed within three Years ; ex- or J a ^ d for ohWs if- 1 /-.rt* r-TA r • agaimt former Acts un. cept only for the Offence of Deferuon. j efs committed within ' LXXIII. And whereas it mayotherwife be doubted, whether the Officers and Perfons employed 3 years; except for De- ' for Payment of Quarters ;' It is hereby enacted by the Authority aforefaid, That the Officers and Officers, &c. of the Perfons employed, or that fhall be employed, in the feveral Trains of Artillery, be at all Times fub- T " in °' Ar ''* r >' <Vlb " jedt to all the Penalties and Punifhments mentioned in this Act, and fhall in all Refpects whatfoever JCt " t0 ' " s be holden to be within the Intent and Meaning of every Part of this Act, during the Continuance of the fame. ' LXXIV. And whereas great Mifchief and Inconvenience may arife, if it fhould be doubted ' fpective Governors or Governments thereof, are, while acting in Conjunction with his Majefty's ' jetty, liable to the fame Rules and Articles of War, and the fame Penalties and Punifhments, as clared and enacted by the Authority aforefaid, That all Officers and Soldiers of any Troops, being American Troops, atK ■ muttered and in Pay, which are or fhall be raifed in America as aforefaid, fhall at all Times, and in l §™ & ™aiZ,l™Z all Places, when they happen to join, or act in Conjunction with, his Majefty's Britijh Forces, be t h e fame martial Laws, liable to martial Law and Difcipline, in like Manner, to all Intents and Purpofes, as the Britijh Forces are, and fhall be fubject to the fame Trial, Penalties and Punifhments. ' LXXV. And whereas the Officers and Soldiers of the faid Troops, being taken Prifoners in Officers and Soldicreof ' America, are frequently fent over to Great Britain in a very diftreffed Condition : And whereas their 1 } K American Troops by the Authority aforefaid, That, during the Continuance of this Act, it fhall r. {tables, and other Civil Magiftrates, within England, Wales, and the Town of Berwick upenTweed, t0 bn quartered and bit- • to quarter and billet the Officers and Soldiers of the faid American Troops in all fuch, Houfes as are ] ™* " the Ermfli liable by this Act to receive the Officers and Soldiers of his Majefty's Britijh Forces : And, the faid ° rc " ' Conftables, and other Civil Magiftrates, are hereby required to quarter and billet the Officers and am! under the fame Re- Soldiers of the faid American Troops in the fame Manner, and under the fame Regulations and Pe- a 1 ' 1 -" 1 ™ 3 and Penalties, nalties, as are directed by this Act to be obferved in quartering and billeting the Officers and. Soldiers of his Majefty's Britijh Forces ; and all Perfons on whom the Officers and Soldiers of the faid Troops fhall be legally quartered, refufing to receive and provide for them, as is directed for the Officers and goldkss of his Majefty's Britijh Forces, fhall be fubject to the fame Penalties as in the Cafe of the. faid BrittJ/) Forces. LXXVI, - T?~ :.. „ „xi J lent over to Great Bri- ations ; tie it enacted „„ ; „ be lawful for the Con-
 * in the Trains of Artillery, be within the Intent and Meaning of this Act, for purrfhing of Officers ftrtion.
 * and Soldiers who fhall mutiny, or defert his Majeftv's Service, and for punifliing falfe Mufters, and
 * whether Troops in Pay, raifed in any of the Britijh Provinces in America, by Authority of the re-
 * Britijh Forces, under the Command of an Officer having a Commiffion immediately from his Ma-
 * the Britijh Forces are fubject to :' To prevent fuch Mifchief, and to remove all Doubts ; Be it de-
 * Pay is not fuffieient to provide them with neceflary Lodgings and Accommod