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A History | Events Leading to the American Revolution | The Quartering Act: British Parliament
The Quartering Act: British Parliament
British Parliament - 1765
An act to amend and render more effectual, in his Majestys dominions in America, an act passed in this present
session of parliament, intituled, An act for punishing mutiny and desertion, and for the better payment of the
army and their quarters.
WHEREAS in and by an act made in the present session of parliament, intituled, An act for punishing mutiny and
desertion, and for the better payment of the army and their quarters; several regulations are made and enacted
for the better government of the army, and their observing strict discipline, and for providing quarters for
the army, and carriages on marches and other necessary occasions, and inflicting penalties on offenders against
the same act, and for many other good purposes therein mentioned; but the same may not be sufficient for the
forces that may be employed in his Majesty dominions in America: and whereas, during the continuance of the
said act, there may be occasion for marching and quartering of regiments and companies of his Majestys forces
in several parts of his Majestys dominions in America: and whereas the publick houses and barracks, in his
Majestys dominions in America, may not be sufficient to supply quarters for such forces: and whereas it is
expedient and necessary that carriages and other conveniences, upon the march of troops in his Majestys
dominions in America, should be supplied for that purpose: be it enacted by the Kings most excellent majesty,
by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament
assembled, and by the authority of the same, That for and during the continuance of this act, and no longer, it
shall and may be lawful to and for the constables, tithingmen, magistrates, and other civil officers of
villages, towns, townships, cities, districts, and other places, within his Majestys dominions in America, and
in their default or absence, for any one justice of the peace inhabiting in or near any such village, township,
city, district or other place, and for no others; and such constables, tithingmen, magistrates, and other civil
officers as aforesaid, are hereby required to quarter and billet the officers and soldiers, in his Majestys
service, in the barracks provided by the colonies; and if there shall not be sufficient room in the said
barracks for the officers and soldiers, then and in such case only, to quarter and billet the residue of such
officers and soldiers, for whom there shall not be room in such barracks, in inns, livery stables, ale-houses,
victualling-houses, and the houses of sellers of wine by retail to be drank in their own houses or places
thereunto belonging, and all houses of persons selling of rum, brandy, strong water, cyder or metheglin, by
retail, to be drank in houses; and in case there shall not be sufficient room for the officers and soldiers in
such barracks, inns, victualling and other publick alehouses, that in such and no other case, and upon no other
account, it shall and may be lawful for the governor and council of each respective province in his Majestys
dominions in America, to authorize and appoint, and they are hereby directed and impowered to authorize and
appoint, such proper person or persons as they shall think fit, to take, hire and make fit, and, in default of
the said governor and council appointing and authorizing such person or persons, or in default of such person
or persons so appointed neglecting or refusing to do their duty, in that case it shall and may be lawful for
any two or more of his Majestys justices of the peace in or near the said villages, town, townships, cities,
districts, and other places, and they are hereby required to take, hire, and make fit for the reception of
his Majestys forces, such and so many uninhabited houses, outhouses, barns or other buildings, as shall be
necessary, to quarter therein the residue of such officers and soldiers for whom there should not be rooms in
such barracks and publick houses as aforesaid, and to put and quarter the residue of such officer and soldiers
therein.
II. And it is hereby declared and enacted, That there shall be no more billets at any time ordered, than
there are effective soldiers present to be quartered therein: and in order that this service may be effectually
provided for, the commander in chief in America, or other officer under whose orders any regiment or company
shall march, shall, from time to time, give, or cause to be given, as early notice as conveniently may be, in
writing, signed by such commander or officer of their march, specifying their numbers and time of marching as
near as may be, to the respective governors of each province through which they are to march; in order that
proper persons may be appointed and authorized, in pursuance of this act, to take up and hire, if it shall be
necessary, uninhabited houses, outhouses, barns, or other buildings, for the reception of such soldiers as the
barracks and publick houses shall not be sufficient to contain or receive.
III. And be it further enacted by the authority aforesaid, That if any military officer shall take upon
himself to quarter soldiers, in any of his Majestys dominions in America, otherwise than is limited and allowed
by this act; or shall use or offer any menace or compulsion to or upon any justice of the peace, constable,
tithingman, magistrate, or other civil officer before mentioned, in his Majestys dominions in America, tending
to deter and discourage any of them from performing any part of the duty hereby required or appointed; such
military officer, for every such offence, being thereof convicted before any two or more of his Majestys
justices of the peace living within or near such villages, towns, townships, cities, districts or other places,
by the oaths of two or more credible witnesses, shall be deemed and taken to be ipso facto cashiered, and shall
be utterly disabled to have or hold any military employment in his Majestys service, upon a certificate thereof
being transmitted to the commander in chief in America; unless the said conviction shall be reserved upon an
appeal brought, within six months, in the proper court for hearing appeals against convicting by justices of
the peace: and in case any person shall find himself aggrieved, in that such constable, tithingman, magistrate,
or other civil officer, shall have quartered or billeted in or upon his house a greater number of soldiers than
he ought to bear in proportion to his neighbours, and shall complain thereof to one or more justice or justices
of the peace of the village, town, township, city, district, or other place, where such soldiers are quartered,
such justice or justices has or have hereby power to relieve such person, by ordering such and so many of the
soldiers to be removed, and quartered upon such other person or persons, as they shall see cause; and such
other person or persons shall be obliged to receive such soldiers accordingly.
IV. Provided also, and be it further enacted, That no justice or justices of the peace, having or
executing any military office or commission in his Majestys regular forces in America, may, during the
continuance of this act, directly or indirectly, act or be concerned in the quartering, billeting or
appointing any quarters, for any soldier or soldiers, according to the disposition made for quartering of any
soldier or soldiers by virtue of this act (except where there shall be no other justice or justices of the
peace) but that all warrants, acts, matters, or things, executed or appointed by such justice or justices of
the peace for or concerning the same, shall be void; any thing in this act contained to the contrary
notwithstanding.
V. Provided nevertheless, and it is hereby enacted, That the officers and soldiers so quartered and
billeted as aforesaid (except such as shall be quartered in the barracks, and hired uninhabited houses, or
other buildings as aforesaid) shall be received and furnished with diet, and small beer, cyder, or rum mixed
with water, by the owners of the inns, livery stables, alehouses, victualling-houses, and other houses in which
they are allowed to be quartered and billeted by this act; paying and allowing for the same the several rates
herein after mentioned to be payable out of the subsistence-money, for diet and small beer, cyder, or rum
mixed with water.
VI. Provided always. That in case any innholder, or other person, on
whom any non-commission officers or private men shall be quartered by
virtue of this act, in any of his Majestys dominions in America
(except on a march, or employed in recruiting, and likewise except the
recruits by them raised, for the space of seven days at most, for such
non-commission officers and soldiers who are recruiting, and recruits
by them raised) shall be desirous to furnish such non-commission
officers or soldiers with candles, vinegar, and salt, and with small
beer or cyder, not exceeding five pints, or half a pint of rum mixed
with a quart of water, for each man per diem, gratis, and allow to
such non-commission officers or soldiers the use of fire, and the
necessary utensils for dressing and eating their meat, and shall give
notice of such his desire to the commanding officer, and shall furnish
and allow the same accordingly; then, and in such case, the
non-commission officers and soldiers so quartered shall provide their
own victuals; and the officer to whom it belongs to receive, or that
actually does receive, the pay and subsistence-money, for diet and
small beer, to the non-commission officers and soldiers aforesaid, and
not to the innholder or other person on whom such non-commission
officers and soldiers are quartered; any thing herein contained to the
contrary notwithstanding.
VII. And whereas there are several barracks in several places in his
Majestys said dominions in America, or some of them provided by the
colonies, for the lodging and covering of soldiers in lieu of
quarters, for the ease and convenience as well of the inhabitants of
and in such colonies, as of the soldiers; it is hereby further
enacted, That all such officer and soldiers, so put and placed in such
barracks, or hired uninhabited houses, out-houses, barns, or other
buildings, shall, from time to time be furnished and supplied there by
the persons to be authorized or appointed for that purpose by the
governor and council of each respective province, or upon neglect or
refusal of such governor and council in any province, then by two or
more justices of the peace residing in or near such place, with fire,
candles, vinegar, and salt, bedding, utensils for dressing their
victuals, and small beer or cyder, not exceeding five pints, or half a
pint of rum mixed with a quart of water, to each man, without paying
any thing for the same.
VIII. And that the several persons who shall so take, hire, and fit up
as aforesaid, such uninhabited houses, out-houses, barns, or other
buildings, for the reception of the officers and soldiers, and who
shall so furnish the same, and also the said barracks, with fire,
candles, vinegar, and salt, bedding, utensils for dressing victuals,
and small beer, cyder, or rum, as aforesaid, may be reimbursed and
paid all such charges and expences they shall be put to therein, be it
enacted by the authority aforesaid, That the respective provinces
shall pay unto such person or persons all such sum or sums of money so
by them paid, laid out, or expended, for the taking, hiring, and
fitting up, such uninhabited houses, out-houses, barns, or other
buildings, and for furnishing the officers and soldiers therein, and
in the barracks, with fire, candles, vinegar, and salt, bedding,
utensils for dressing victuals, and small beer, cyder, or rum, as
aforesaid; and such sum or sums are hereby required to be raised, in
such manner as the publick charges for the provinces respectively are
raised.
IX. Provided always, and be it enacted by the authority aforesaid,
That if any officer, within his Majestys said dominions of America,
shall take, or cause to be taken, or knowingly suffer to be taken, any
money, of any person, for excusing the quartering of officers or
soldiers, or any of them, in any house allowed by this act; every such
officer shall be cashiered, and be incapable of serving in any
military employment whatsoever.
X. And whereas some doubts may arise, whether commanding officers of
any regiment or company, within his Majestys said dominions in
America, may exchange any men quartered in any village, town,
township, city, district, or place, in his Majestys said dominions
in America, with another man quartered in the same place, for the
benefit of the service; be it declared and enacted by the authority
aforesaid, That such exchange as above mentioned may be made by such
commanding officers respectively, provided the number of men do not
exceed the number at that time billeted on such house or houses; and
the constables, tithingmen, magistrates, and other chief officers of
the villages, towns, townships, cities, districts, or other places
where any regiment or company shall be quartered, are hereby required
to billet such men so exchanged accordingly.
XI. And be it further enacted by the authority aforesaid, That if any
constable, tithingman, magistrate, or other chief officer or person
whatsoever, who, by virtue or colour of this act, shall quarter or
billet, or be employed in quartering or billeting, any officers or
soldiers, within his Majestys said dominions in America, shall
neglect or refuse, for the space of two hours, to quarter or billet
such officers of soldiers, when thereunto required, in such manner as
is by this act directed, provided sufficient notice be given before
the arrival of such forces; or shall receive, demand, contract, or
agree for, any sum or sums of money, or any reward whatsoever, for or
on account of excusing, or in order to excuse, any person or persons
whatsoever from quartering, or receiving into his, her, or their house
or houses, any officer or soldier, or in case any victualler, or any
other person within his Majestys dominions in America, liable by
this act to have any officer or soldier billeted or quartered on him
or her, shall refuse to receive or victual any such officer or soldier
so quartered or billeted upon him or her as aforesaid; or in case any
person or persons shall refuse to furnish or allow, according to the
directions of this act, the several things herein before directed to
be furnished or allowed to officers and soldiers, so quartered or
billeted on him or her, or in the barracks, and hired uninhabited
houses, out-houses, barns or other buildings, as aforesaid, at the
rate herein after mentioned; and shall be thereof convicted before one
of the magistrates of any one of the supreme chief or principal common
law courts of the colony where such offence shall be committed, either
by his own confession, or by the oath of one or more credible witness
or witnesses (which oath such magistrate of such court is hereby
impowered to administrate) every such constable, tithingman,
magistrate, or other chief officer or person so offending shall
forfeit, for every such offence, the sum of five pounds sterling, or
any sum of money not exceeding five pounds, nor less than forty
shillings, as the said magistrate (before whom the matter shall be
heard) shall in his discretion think fit; to be levied by distress and
sale of the goods of the person offending, by warrant under the hand
and seal of such magistrate before whom such offender shall be
convicted, to be directed to a constable or other officer within the
village, town, township, city, district, or other place, where the
offender shall dwell; and shall direct the said sum of five pounds, or
such other sum as shall be ordered to be levied in pursuance of this
act as aforesaid, when levied, to be paid into the treasury of the
province or colony where the offence shall be committed, to be applied
towards the general charges of the said province or colony.
XII. And, that the quarters both of officers and soldiers, in his
Majestys said dominions in America, may hereafter be duly paid and
satisfied, be it enacted by the authority aforesaid, That from and
after the twenty fourth day of March, in the year one thousand seven
hundred and sixty five, every officer to whom it belongs to receive,
or that does actually receive, the pay or subsistence-money either for
a whole regiment, or particular companies, or otherwise, shall
immediately, upon each receipt of every particular sum which shall
from time to time be paid, returned, or come to his or their hands, on
account of pay or subsistence, give publick notice thereof to all
persons keeping inns, or other places where officers or soldiers are
quartered by virtue of this act: and shall also appoint the said
innkeepers and others to repair to their quarters, at such times as
they shall appoint for the distribution and payment of the said pay or
subsistence money to the said officers or soldiers, which shall be
within four days at farthest after receipt of the same as aforesaid,
and the said inn-keepers and other shall then and there acquaint such
officer or officers with the accounts or debts (if any shall be)
between them and the officers and soldiers so quartered in their
respective houses; which account the said officer or officers are
hereby required to accept of, and immediately pay the same, before any
part of the said pay or subsistence be distributed either to the
officers or soldiers; provided the accounts exceed not for a
commissions officer of foot, being under the degree of a captain, for
such officers diet and small beer per diem, one shilling, and if such
officer shall have a horse or horses, for each horse or horses, for
their hay and straw per diem, six pence, nor for one foot soldiers
diet and small beer, cyder, or rum mixed as aforesaid, per diem, four
pence: and if any officer or officers as aforesaid shall not give
notice as aforesaid, and not immediately, upon producing such account
stated, satisfy, content, and pay the same, upon complaint and oath
made thereof by any two witnesses, before two of his Majestys
justices for the village, town, township, city, district, or other
place where such quarters were (which oath such justices are hereby
authorized and required to administer) the paymaster or paymasters of
his Majestys guards and garrisons, upon certificate of the said
justices before whom such oath was made, of the sum due upon such
accounts, an the persons to whom the same is owing, are hereby
required and authorized to pay and satisfy the said sums out of the
arrears due to the said officer or officers; upon penalty that such
paymaster or paymasters shall forfeit their respective place or places
of paymaster, and be discharged from holding the same for the future;
and in case there shall be no arrears due to the said officer or
officers, then the said paymaster or paymasters are hereby authorized
and required to deduct the sums, he or they shall pay pursuant to the
certificates of the said justices, out of the next pay or subsistence
money of the regiment to which such officer or officers shall belong:
and such officer or officers shall, for every such offence, or for
neglecting to give notice of the receipt of such pay or subsistence
money as aforesaid, be deemed and taken, and is hereby declared, to be
ipso facto cashiered.
XIII. And, where it shall happen that the subsistence money due to any
officer or soldier, within his Majestys said dominions in America,
shall, by occasion of any accident, not be paid to such officer or
soldier, or such officer or soldier shall neglect to pay the same, so
that quarters cannot be or are not paid as this act directs; and where
any forces shall be upon their march, in his Majestys dominions in
America, so that no subsistence can be remitted to them to make
payment as this act directs: or they shall neglect to pay the same; in
every such case, it is hereby further enacted, That every such officer
shall before his or their departure out of his or their quarters,
where such regiment, troop, or company shall remain for any time
whatsoever, make up the accounts with every person with whom such
regiment or company shall have quartered, and sign a certificate
thereof, and give the said certificate, so by him signed, to the party
to whom such money is due, with the name of such regiment or company
to which he or they shall belong, to the end the said certificate may
be forthwith transmitted to the paymaster of his Majestys guards
and garrisons, who is hereby required immediately to make payment
thereof to the person or persons to whom such money shall be due, to
the end the same may be applied to such regiment or company
respectively; under pain as before in this act directed for nonpayment
of quarters.
XIV. And, for better preventing abuses in quartering or billeting the
soldiers in his Majestys dominions in America, in pursuance of this
act, be it further enacted by the authority aforesaid, That it shall
and may be lawful to and for any one or more justices of the peace, or
other officer, within their respective villages, towns, townships,
cities, districts, or other places, in his Majestys said dominions
in America, by warrant or order under his or their hand and seal, or
hands or seals, at any time or times during the continuance of this
act, to require and command any constable, tithingman, magistrate, or
other chief officer, who shall quarter or billet any soldiers in
pursuance of this act, to give an account in writing unto the said
justice or justices, or other officer requiring the same, of the
number of officers and soldiers who shall be quartered or billeted by
them and also the names of the house-keepers or persons upon whom, and
the barracks and hired uninhabited houses, or other buildings as
aforesaid, in which and where every such officer of soldiers shall be
quartered or billeted, together with an account of the street or place
where every such house-keeper or person dwells, and where every such
barrack or hired uninhabited house or building is or are, and of the
signs (if any) which belong to their houses; to the end that it may
appear to the said justice or justices; or other officer, where such
officers or soldiers are quartered or billeted, and that he or they
may thereby be the better enabled to prevent or punish all abuses in
the quartering or billeting them.
XV. And be it further enacted by the authority aforesaid, That for the
better and more regular provision of carriages for his Majestys
forces in their marches, or for their arms, clothes, or accoutrements,
in his Majestys said dominions in America, all justices of the
peace within their several villages, town, townships, cities,
districts, and places, being duly required thereunto by an order from
his Majesty, or the general of his forces, or of the general
commanding, or the commanding officer there shall, as often as such
order is brought and shewn unto one or more of them, by the
quarter-master, adjutant, or other officer of the regiment,
detachment, or company, so ordered to march, issue out his or their
warrants to the constables, tithingmen, magistrates, or other officers
of the villages, towns, townships, cities, districts, and other
places, from, through, near, or to which such regiment, detachment, or
company, shall be ordered to march, requiring them to make such
provision for carriages, with able men to drive the same, as shall be
mentioned in the said warrant: allowing them reasonable time to do the
same, that the neighbouring parts may not always bear the burthen: and
in case sufficient carriages cannot be provided within any such
village, town, township, city, district, or other place, then the next
justice, or justices of the peace of the village, town, township,
city, district, or other place, shall, upon such order as aforesaid
being brought or shewn to one or more of them, by any of the officers
as aforesaid, issue his or their warrants to the constables,
tithingman, magistrate, or other officers, of such next village, town,
township, city, district, or other place, for the purposes aforesaid,
to make up such deficiency; and such constable, tithingman,
magistrate, or other officer, shall order or appoint such person or
persons, having carriages, within their respective villages, towns,
townships, cities, districts, or other places, as they shall think
proper to provide and furnish such carriages and men, according to the
warrant aforesaid; who are hereby required to provide and furnish the
same accordingly.
XVI. And be it further enacted, That the pay or hire for a New York
wagon, carrying twelve hundred pounds gross weight, shall be seven
pence sterling for each mile; and for every other carriage in that and
every other colony in his Majestys said dominions in America, in
the same proportion; and at or after the same rate or price for what
weight every such other carriage shall carry; and that the first
days pay or hire for every such carriage, shall be paid down by
such officer to such constable, tithingman, magistrate, or other civil
officer, who shall get or procure such carriages, for the use of the
owner or owners thereof; and the pay or hire for every such carriage
after the first day, shall be paid every day, from day to day, by such
officer as aforesaid, into the hands of the driver or drivers of such
carriages respectively, until such carriages shall be discharged from
such service, for the use of the owner and owners thereof.
XVII. Provided always, and be it further enacted, That no such wagon,
cart, or carriage, impressed by authority of this act, shall be liable
or obliged, by virtue of this act, to carry above twelve hundred
weight; any thing herein contained to the contrary notwithstanding.
XVIII. Provided also, That no such wagon, cart, or carriage, shall be
obliged to travel more than one days march, if, within that time,
they shall arrive at any other place where other carriages may be
procured; but, in case other sufficient carriages cannot be procured,
then such carriages shall be obliged to continue in the service till
they shall arrive at such village, town, township, city, district, or
other place, where proper and sufficient carriages, for the service of
the forces, may be procured.
XIX. And be it further enacted by the authority aforesaid, That if any
constable, tithingman, magistrate, or other civil officer, within his
Majestys dominions in America, shall willfully neglect or refuse to
execute such warrants of the justices of the peace, as shall be
directed unto them for providing carriages as aforesaid; or if any
person or persons appointed by such constable, tithingman, magistrate,
or other civil officer, to provide or furnish any carriage and man,
shall refuse or neglect to provide the same, or any other person or
persons whatsoever shall willfully do any act or thing whereby the
execution of the said warrants shall be delayed, hindered, or
frustrated; every such constable, tithingman, magistrate, civil
officer, or other person so offending, shall, for every such offence,
forfeit any sum not exceeding forty shillings sterling, no less than
twenty shillings, to be paid into the treasury of the province where
any such offence shall be committed; to be applied towards the
aforesaid contingent charges of the province: and all and every such
offence or offences, and all and every other offence or offences, in
this act mentioned, and not otherwise provided, shall and may be
inquired of, heard, and fully determined, by two of his majestys
justices of the peace dwelling in or near the village, town, township,
city, district, or place, where such offence shall be committed; who
have hereby power to cause the said penalty to be levied by distress
and sale of the offenders goods and chattels, rendering the overplus
(if any) to the owner.
XX. And whereas the allowance hereby provided, for the payment of the
carriages that may be necessary in the marching of troops, may not be
a sufficient compensation for the same, to satisfy the constables,
tithingmen, magistrates, and other civil officer, their charges and
expences therein; for remedy whereof, be it further enacted by the
authority aforesaid, That the constables, tithingmen, magistrates, and
civil officers, procuring such carriages, shall pay a reasonable
expence or price for every carriage so procured; and that every such
constable, tithingman, magistrate, civil officer, or other person,
shall be repaid what he or they shall so expend, together with his or
their own charges and expences attending the same, by the province or
colony where the same shall arise.
XXI. Provided always, and be it further enacted by the authority
aforesaid, That where it shall be necessary to take wagons or other
carriages for long marches, beyond the settlements, an appraisement
shall be made of the value of such horses and carriages, at the time
of the taking them up to be employed in such marches beyond the
settlements, by two indifferent persons, one to be chosen by the
commanding officer of such forces, and the other by the owner of such
cattle or carriages; a certificate of which appraisement shall be
given to the owner or owners of such cattle or carriages respectively:
and in case any of the cattle or carriages, so taken up for such
service, shall in the execution thereof, be lost or destroyed; that
then and in every such case, upon producing the said certificate and
proper vouchers upon oath of such loss or destruction, to the
paymaster general of his majestys guards and garrisons, the said
paymaster shall, and he is hereby required to pay to the respective
owners of such cattle or carriages, the sums specified, in such
certificates and vouchers, to be the value of such cattle or carriages
so lost or destroyed.
XXII. And whereas several soldiers, being duly enlisted in his
Majestys service, do often desert such service; for remedy whereof,
be it further enacted by the authority aforesaid, That it shall and
may be lawful to and for the constable, tithingman, magistrate, or
other civil officer, of the village, town, township, city, district,
or place, within the said dominions in America, where any person, who
may be reasonably suspected to be such a deserter, shall be found, to
apprehend, or cause him to be apprehended; and to cause such person to
be brought before any justice of the peace or other chief magistrate
living in or near such village, town, township, city, district, or
place, who hath hereby power to examine such suspected person; and if
by his confession, or testimony of one or more witness or witnesses
upon oath, or the knowledge of such justice of the peace, or other
magistrate, it shall appear, or be found, that such suspected person
is a lifted soldier, and ought to be with the regiment or company to
which he belongs, such justice of the peace or other magistrate shall
forthwith cause him to be conveyed to the gaol of the village, town,
township, city, district, county, or place where he shall be found, or
to the house of correction or other publick prison in such village,
town, township, city, district, county, or place, where such deserter
shall be apprehended, and transmit an account thereof to the commander
in chief of his Majestys forces in the said dominions in America,
or to the commanding officer of the forces posted nearest to such
justice or justices, or other magistrate or magistrates, for the time
being, to the end that such person may be proceeded against according
to law: and the gaoler or keeper of such gaol, house of correction, or
prison, shall receive the full subsistence of such deserter or
deserters during the time that he or they shall continue in his
custody for the maintenance of such deserter or deserters: but shall
not be intitled to any fee or reward on account of the imprisonment of
such deserter or deserters; any law, usage, or custom to the contrary
notwithstanding.
XXIII. Provided always, That if any person shall harbour, conceal, or
assist, any deserter for his Majestys service within his
Majestys said dominions in America, knowing him to be such, the
person so offending, shall forfeit for every such offence, the sum of
five pounds; or if any person shall knowingly detain, buy or exchange,
or otherwise receive, any arms, clothes, caps, or other furniture
belonging to the King, from any soldier or deserter, or any other
person, upon any account or pretence whatsoever, within his
Majestys dominions in America, or cause the colour of such clothes
to be changed; the person so offending shall forfeit, for every such
offence, the sum of five pounds; and upon conviction upon the oath of
one or more credible witness or witnesses, before any of his
Majestys justices of the peace, the said respective penalties of
five pounds, and five pounds, shall be levied by warrant under the
hands of the said justice or justices of the peace, by distress and
sale of the goods and chattels of the offenders; one moiety of the
said first-mentioned penalty of five pounds to be paid to the
informer, by whose means such deserter shall be apprehended; and one
moiety of the said last mentioned penalty of five pounds to be paid to
the informer; and the residue of the said respective penalties to be
paid to the officer to whom any such deserter or soldier did belong:
and in case any such offenders, who shall be convicted as aforesaid,
of harbouring or assisting any such deserter or deserters, or having
knowingly received any arms, clothes, caps, or other furniture
belonging to the King; or having caused the colour of such clothes to
be changed, contrary to the intent of this act, shall not have
sufficient goods and chattels, whereon distress may be made, to the
value of the penalties recovered against him for such offence, or
shall not pay such penalties within four days after such conviction;
then, and in such case, such justice of the peace shall and may, by
warrant under his hand and seal, commit such offender to the common
gaol, there to remain, without bail or mainprize, for the space of
three months, or cause such offender to be publickly whipt, at the
discretion of such justice.
XXIV. And be it further enacted, That no commission officer shall
break open any house, within his Majestys dominions in America, to
search for deserters, without a warrant from a justice of the peace,
and in the day-time; and that every commission officer who shall, in
the night, or without warrant from one or more of his Majestys
justices of the peace (which said warrants the said justice or
justices are hereby impowered to grant) forcibly enter into, or break
open, the dwelling-house or out-houses of any person whatsoever under
pretence of searching for deserters, shall, upon due proof thereof,
forfeit the sum of twenty pounds.
XXV. And whereas several crimes and offenses have been and may be,
committed by several person, not being soldiers, at several forts or
garrisons, and several other places within his Majestys dominions
in America, which are not within the limits or jurisdiction of any
civil government there hitherto established; and which crimes and
offenses are not properly cognizable or triable and punishable, by a
court-martial, but by the civil magistrate; by means whereof several
great crimes and offenses may go unpunished, to the great scandal of
government; for remedy whereof, be it further enacted by the authority
aforesaid, That from and after the twenty fourth day of March, one
thousand seven hundred and sixty five, and for so long afterwards as
this act shall continue in force, if any person or persons, not being
a soldier or soldiers, do or shall commit any crime or crimes, or
offence or offenses, in any of the said forts, garrisons, or places,
within his Majestys dominions in America, which are not within the
limits or jurisdiction of any civil government hitherto established,
it shall and may be lawful for any person or persons to apprehend such
offender or offenders, and to carry, him, her, or them, before the
commanding officer for the time being of his Majestys forces there;
and such offender being charged upon oath in writing, before the said
commanding officer, and which oath the said commanding officer is
hereby impowered to administer, that then, and in every such case, the
said commanding officer shall receive and take into his custody, and
safely keep, every such offender, and shall convey and deliver, or
cause to be conveyed and delivered, with all convenient speed, every
such offender to the civil magistrate of the next adjoining province,
together with the cause of his or her detainer, to be committed and
dealt with by such civil magistrates or magistrate according to law;
and every such civil magistrate is hereby commanded and required to
commit every such offender, that he or she may be dealt with according
to law; and in every such case, it shall and may be lawful to
prosecute and try every such offender in the court of such province or
colony, where crimes and offenses of the like nature are usually
tried, and where the same would be properly tried in case such crime
or offence had been committed within the jurisdiction of such court,
and such crime shall and may be alleged to be committed within the
jurisdiction of such court; and such court shall and may proceed
therein to trial, judgment, and execution, in the same manner as if
the such crime or offence had been really committed within the
jurisdiction of such court; any law, usage, custom, matter, or thing,
whatsoever to the contrary notwithstanding,
XXVI. And be it further enacted by the authority aforesaid, That every
bill, plaint, action, or suit, against any person or persons, for any
act, matter, or thing, to be acted or done in pursuance of this act,
or the said other in part recited act, in any of his Majesty
dominions in America, shall be brought and prosecuted in and before
some principal court of record in the colony where such matter or
thing shall be done or committed; and in case the same shall not be
done or committed within the jurisdiction of any such court, then in
the court of the colony next to the place where the same shall be done
and committed, and in no other court whatsoever.
XXVII. And be it further enacted by the authority aforesaid, That
where any troops or parties upon command have occasion in their march,
in any of his Majestys dominions in America, to pass regular
ferries, it shall and may be lawful for the commanding officer either
to pass over with his party as passenger, or to hire the ferry-boat
entire to himself and his party, debarring others for that time in his
option; and in case he shall chuse to take passage for himself and
party as passengers he shall only pay for himself and for each person,
officer, or soldier, under his command, half of the ordinary rate
payable by single persons at any such ferry; and in case he shall hire
the ferry-boat for himself and party, he shall pay half of the
ordinary rate for such boat or boats; and in such places where there
are no regular ferries, but that all passengers hire boats at the rate
they can agree for, officers with or without parties are to agree for
boats at the rates that other persons do in the like cases.
XXVIII. And be it further enacted by the authority aforesaid, That all
sum and sums of money mentioned in this act, and all penalties and
forfeitures whatsoever to be incurred or forfeited for any offence,
cause, matter, or thing whatsoever, to be done, committed, or omitted
to be done in his Majestys colonies and dominions in America,
contrary to the true intent and meaning of this act, shall be, and
shall be paid and forfeited in lawful money of the colony or place
where the same shall be forfeited or become due, at the rate of four
shillings and eight pence sterling money for a Spanish milled dollar,
and not otherwise.
XXIX. And be it further enacted by the authority aforesaid, That if
any action, bill, plaint, or suit, shall be brought or commenced
against any person or persons for any act, matter, or thing, done or
acted in pursuance of this act, that it shall and may be lawful to and
for all and every person or persons so sued to plead thereto the
general issue that he or they are not guilty, and to give the special
matter in evidence to the jury who shall try the cause; and if the
verdict therein shall pass for the defendant or defendants, or the
plaintiff or plaintiffs therein shall become nonsuit, or suffer a
discontinuance, or by any other means judgment therein shall be given
for the defendants or defendant therein; that in every such case the
justice or justices, or other judge or judges of the court in which
such action shall be brought; shall by force and virtue of this act
allow unto such defendant or defendants his or their treble costs,
which he or they shall have sustained, or be put to, by reason of the
defence of such suit, for which cost such defendant and defendants
shall have the like remedy as in other cases where costs are by the
law given to defendants.
XXX. And be it further enacted by the authority aforesaid, That this
act and every thing herein contained, shall continue and be in force
in all his Majestys dominions in America, from the twenty fourth
day of March, in the year one thousand seven hundred and sixty five,
until the twenty fourth day of March in the year of our Lord one
thousand seven hundred and sixty seven.
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